text:
User:Brad606/TUB05

Papers 57 through 84, excluding 65

 * Confirm end of page nop
 * Confirm paragraph and section gaps
 * Collapse linebreaks
 * Read carefully

Page:The Urantia Book, 1st Edition.djvu/715 Page:The Urantia Book, 1st Edition.djvu/716 Page:The Urantia Book, 1st Edition.djvu/717 Page:The Urantia Book, 1st Edition.djvu/718 Page:The Urantia Book, 1st Edition.djvu/719 Page:The Urantia Book, 1st Edition.djvu/720 Page:The Urantia Book, 1st Edition.djvu/721 Page:The Urantia Book, 1st Edition.djvu/722 Page:The Urantia Book, 1st Edition.djvu/723 Page:The Urantia Book, 1st Edition.djvu/724 Page:The Urantia Book, 1st Edition.djvu/725 Page:The Urantia Book, 1st Edition.djvu/726 Page:The Urantia Book, 1st Edition.djvu/727 Page:The Urantia Book, 1st Edition.djvu/728 Page:The Urantia Book, 1st Edition.djvu/729 Page:The Urantia Book, 1st Edition.djvu/730 Page:The Urantia Book, 1st Edition.djvu/731 Page:The Urantia Book, 1st Edition.djvu/732 Page:The Urantia Book, 1st Edition.djvu/733 Page:The Urantia Book, 1st Edition.djvu/734 Page:The Urantia Book, 1st Edition.djvu/735 Page:The Urantia Book, 1st Edition.djvu/736 Page:The Urantia Book, 1st Edition.djvu/737 Page:The Urantia Book, 1st Edition.djvu/738 Page:The Urantia Book, 1st Edition.djvu/739 Page:The Urantia Book, 1st Edition.djvu/740 Page:The Urantia Book, 1st Edition.djvu/741 Page:The Urantia Book, 1st Edition.djvu/742 Page:The Urantia Book, 1st Edition.djvu/743 Page:The Urantia Book, 1st Edition.djvu/744 Page:The Urantia Book, 1st Edition.djvu/745 Page:The Urantia Book, 1st Edition.djvu/746 Page:The Urantia Book, 1st Edition.djvu/747 Page:The Urantia Book, 1st Edition.djvu/748 Page:The Urantia Book, 1st Edition.djvu/749 Page:The Urantia Book, 1st Edition.djvu/750 Page:The Urantia Book, 1st Edition.djvu/751 Page:The Urantia Book, 1st Edition.djvu/752 Page:The Urantia Book, 1st Edition.djvu/753 Page:The Urantia Book, 1st Edition.djvu/754 Page:The Urantia Book, 1st Edition.djvu/755 Page:The Urantia Book, 1st Edition.djvu/756 Page:The Urantia Book, 1st Edition.djvu/757 Page:The Urantia Book, 1st Edition.djvu/758 Page:The Urantia Book, 1st Edition.djvu/759 Page:The Urantia Book, 1st Edition.djvu/760 Page:The Urantia Book, 1st Edition.djvu/761 Page:The Urantia Book, 1st Edition.djvu/762 Page:The Urantia Book, 1st Edition.djvu/763 Page:The Urantia Book, 1st Edition.djvu/764 Page:The Urantia Book, 1st Edition.djvu/765 Page:The Urantia Book, 1st Edition.djvu/766 Page:The Urantia Book, 1st Edition.djvu/767 Page:The Urantia Book, 1st Edition.djvu/768 Page:The Urantia Book, 1st Edition.djvu/769 Page:The Urantia Book, 1st Edition.djvu/770 Page:The Urantia Book, 1st Edition.djvu/771 Page:The Urantia Book, 1st Edition.djvu/772 Page:The Urantia Book, 1st Edition.djvu/773 Page:The Urantia Book, 1st Edition.djvu/774 Page:The Urantia Book, 1st Edition.djvu/775 Page:The Urantia Book, 1st Edition.djvu/776 Page:The Urantia Book, 1st Edition.djvu/777 Page:The Urantia Book, 1st Edition.djvu/778 Page:The Urantia Book, 1st Edition.djvu/779 Page:The Urantia Book, 1st Edition.djvu/780 Page:The Urantia Book, 1st Edition.djvu/781 Page:The Urantia Book, 1st Edition.djvu/782 Page:The Urantia Book, 1st Edition.djvu/783 Page:The Urantia Book, 1st Edition.djvu/784 Page:The Urantia Book, 1st Edition.djvu/785 Page:The Urantia Book, 1st Edition.djvu/786 Page:The Urantia Book, 1st Edition.djvu/787 Page:The Urantia Book, 1st Edition.djvu/788 Page:The Urantia Book, 1st Edition.djvu/789 Page:The Urantia Book, 1st Edition.djvu/790 Page:The Urantia Book, 1st Edition.djvu/791 Page:The Urantia Book, 1st Edition.djvu/792 Page:The Urantia Book, 1st Edition.djvu/793 Page:The Urantia Book, 1st Edition.djvu/794 Page:The Urantia Book, 1st Edition.djvu/795 Page:The Urantia Book, 1st Edition.djvu/807 Page:The Urantia Book, 1st Edition.djvu/808 Page:The Urantia Book, 1st Edition.djvu/809 Page:The Urantia Book, 1st Edition.djvu/810 Page:The Urantia Book, 1st Edition.djvu/811 Page:The Urantia Book, 1st Edition.djvu/812 Page:The Urantia Book, 1st Edition.djvu/813 Page:The Urantia Book, 1st Edition.djvu/814 Page:The Urantia Book, 1st Edition.djvu/815 Page:The Urantia Book, 1st Edition.djvu/816 Page:The Urantia Book, 1st Edition.djvu/817 Page:The Urantia Book, 1st Edition.djvu/818 Page:The Urantia Book, 1st Edition.djvu/819 Page:The Urantia Book, 1st Edition.djvu/820 Page:The Urantia Book, 1st Edition.djvu/821 Page:The Urantia Book, 1st Edition.djvu/822 Page:The Urantia Book, 1st Edition.djvu/823 Page:The Urantia Book, 1st Edition.djvu/824 Page:The Urantia Book, 1st Edition.djvu/825 Page:The Urantia Book, 1st Edition.djvu/826 Page:The Urantia Book, 1st Edition.djvu/827 Page:The Urantia Book, 1st Edition.djvu/828 Page:The Urantia Book, 1st Edition.djvu/829 Page:The Urantia Book, 1st Edition.djvu/830 Page:The Urantia Book, 1st Edition.djvu/831 Page:The Urantia Book, 1st Edition.djvu/832 Page:The Urantia Book, 1st Edition.djvu/833 Page:The Urantia Book, 1st Edition.djvu/834 Page:The Urantia Book, 1st Edition.djvu/835 Page:The Urantia Book, 1st Edition.djvu/836 Page:The Urantia Book, 1st Edition.djvu/837 Page:The Urantia Book, 1st Edition.djvu/838 Page:The Urantia Book, 1st Edition.djvu/839 Page:The Urantia Book, 1st Edition.djvu/840 Page:The Urantia Book, 1st Edition.djvu/841 Page:The Urantia Book, 1st Edition.djvu/842 Page:The Urantia Book, 1st Edition.djvu/843 Page:The Urantia Book, 1st Edition.djvu/844 Page:The Urantia Book, 1st Edition.djvu/845 Page:The Urantia Book, 1st Edition.djvu/846 Page:The Urantia Book, 1st Edition.djvu/847 Page:The Urantia Book, 1st Edition.djvu/848 Page:The Urantia Book, 1st Edition.djvu/849 Page:The Urantia Book, 1st Edition.djvu/850 Page:The Urantia Book, 1st Edition.djvu/851 Page:The Urantia Book, 1st Edition.djvu/852 Page:The Urantia Book, 1st Edition.djvu/853 Page:The Urantia Book, 1st Edition.djvu/854 Page:The Urantia Book, 1st Edition.djvu/855 Page:The Urantia Book, 1st Edition.djvu/856 Page:The Urantia Book, 1st Edition.djvu/857 Page:The Urantia Book, 1st Edition.djvu/858 Page:The Urantia Book, 1st Edition.djvu/859 Page:The Urantia Book, 1st Edition.djvu/860 Page:The Urantia Book, 1st Edition.djvu/861 Page:The Urantia Book, 1st Edition.djvu/862 Page:The Urantia Book, 1st Edition.djvu/863 Page:The Urantia Book, 1st Edition.djvu/864 Page:The Urantia Book, 1st Edition.djvu/865 Page:The Urantia Book, 1st Edition.djvu/866 Page:The Urantia Book, 1st Edition.djvu/867 Page:The Urantia Book, 1st Edition.djvu/868 Page:The Urantia Book, 1st Edition.djvu/869 Page:The Urantia Book, 1st Edition.djvu/870 Page:The Urantia Book, 1st Edition.djvu/871 Page:The Urantia Book, 1st Edition.djvu/872 Page:The Urantia Book, 1st Edition.djvu/873 Page:The Urantia Book, 1st Edition.djvu/874 Page:The Urantia Book, 1st Edition.djvu/875 Page:The Urantia Book, 1st Edition.djvu/876 Page:The Urantia Book, 1st Edition.djvu/877 Page:The Urantia Book, 1st Edition.djvu/878 Page:The Urantia Book, 1st Edition.djvu/879 Page:The Urantia Book, 1st Edition.djvu/880 Page:The Urantia Book, 1st Edition.djvu/881 Page:The Urantia Book, 1st Edition.djvu/882 Page:The Urantia Book, 1st Edition.djvu/883 Page:The Urantia Book, 1st Edition.djvu/884 Page:The Urantia Book, 1st Edition.djvu/885 Page:The Urantia Book, 1st Edition.djvu/886 Page:The Urantia Book, 1st Edition.djvu/887 Page:The Urantia Book, 1st Edition.djvu/888 Page:The Urantia Book, 1st Edition.djvu/889 Page:The Urantia Book, 1st Edition.djvu/890 Page:The Urantia Book, 1st Edition.djvu/891 Page:The Urantia Book, 1st Edition.djvu/892 Page:The Urantia Book, 1st Edition.djvu/893 Page:The Urantia Book, 1st Edition.djvu/894 Page:The Urantia Book, 1st Edition.djvu/895 Page:The Urantia Book, 1st Edition.djvu/896 Page:The Urantia Book, 1st Edition.djvu/897 Page:The Urantia Book, 1st Edition.djvu/898 Page:The Urantia Book, 1st Edition.djvu/899 Page:The Urantia Book, 1st Edition.djvu/900 Page:The Urantia Book, 1st Edition.djvu/901 Page:The Urantia Book, 1st Edition.djvu/902 Page:The Urantia Book, 1st Edition.djvu/903 Page:The Urantia Book, 1st Edition.djvu/904 Page:The Urantia Book, 1st Edition.djvu/905 Page:The Urantia Book, 1st Edition.djvu/906 Page:The Urantia Book, 1st Edition.djvu/907 Page:The Urantia Book, 1st Edition.djvu/908 Page:The Urantia Book, 1st Edition.djvu/909 Page:The Urantia Book, 1st Edition.djvu/910 Page:The Urantia Book, 1st Edition.djvu/911 Page:The Urantia Book, 1st Edition.djvu/912 Page:The Urantia Book, 1st Edition.djvu/913 Page:The Urantia Book, 1st Edition.djvu/914 Page:The Urantia Book, 1st Edition.djvu/915 Page:The Urantia Book, 1st Edition.djvu/916 Page:The Urantia Book, 1st Edition.djvu/917 Page:The Urantia Book, 1st Edition.djvu/918 Page:The Urantia Book, 1st Edition.djvu/919 Page:The Urantia Book, 1st Edition.djvu/920 Page:The Urantia Book, 1st Edition.djvu/921 Page:The Urantia Book, 1st Edition.djvu/922 Page:The Urantia Book, 1st Edition.djvu/923 Page:The Urantia Book, 1st Edition.djvu/924 Page:The Urantia Book, 1st Edition.djvu/925 Page:The Urantia Book, 1st Edition.djvu/926 Page:The Urantia Book, 1st Edition.djvu/927 Page:The Urantia Book, 1st Edition.djvu/928 Page:The Urantia Book, 1st Edition.djvu/929 Page:The Urantia Book, 1st Edition.djvu/930 Page:The Urantia Book, 1st Edition.djvu/931 Page:The Urantia Book, 1st Edition.djvu/932 Page:The Urantia Book, 1st Edition.djvu/933 Page:The Urantia Book, 1st Edition.djvu/934 Page:The Urantia Book, 1st Edition.djvu/935 Page:The Urantia Book, 1st Edition.djvu/936 Page:The Urantia Book, 1st Edition.djvu/937 Page:The Urantia Book, 1st Edition.djvu/938 Page:The Urantia Book, 1st Edition.djvu/939 Page:The Urantia Book, 1st Edition.djvu/940 Page:The Urantia Book, 1st Edition.djvu/941 Page:The Urantia Book, 1st Edition.djvu/942 Page:The Urantia Book, 1st Edition.djvu/943 Page:The Urantia Book, 1st Edition.djvu/944 Page:The Urantia Book, 1st Edition.djvu/945 Page:The Urantia Book, 1st Edition.djvu/946 Page:The Urantia Book, 1st Edition.djvu/947 Page:The Urantia Book, 1st Edition.djvu/948 Page:The Urantia Book, 1st Edition.djvu/949 Page:The Urantia Book, 1st Edition.djvu/950 Page:The Urantia Book, 1st Edition.djvu/951 Page:The Urantia Book, 1st Edition.djvu/952 Page:The Urantia Book, 1st Edition.djvu/953 Page:The Urantia Book, 1st Edition.djvu/954 Page:The Urantia Book, 1st Edition.djvu/955 Page:The Urantia Book, 1st Edition.djvu/956 Page:The Urantia Book, 1st Edition.djvu/957 Page:The Urantia Book, 1st Edition.djvu/958 Page:The Urantia Book, 1st Edition.djvu/959 Page:The Urantia Book, 1st Edition.djvu/960 Page:The Urantia Book, 1st Edition.djvu/961 Page:The Urantia Book, 1st Edition.djvu/962 Page:The Urantia Book, 1st Edition.djvu/963 Page:The Urantia Book, 1st Edition.djvu/964 Page:The Urantia Book, 1st Edition.djvu/965 Page:The Urantia Book, 1st Edition.djvu/966 Page:The Urantia Book, 1st Edition.djvu/967 Page:The Urantia Book, 1st Edition.djvu/968 Page:The Urantia Book, 1st Edition.djvu/969 Page:The Urantia Book, 1st Edition.djvu/970 Page:The Urantia Book, 1st Edition.djvu/971 Page:The Urantia Book, 1st Edition.djvu/972 Page:The Urantia Book, 1st Edition.djvu/973 Page:The Urantia Book, 1st Edition.djvu/974 Page:The Urantia Book, 1st Edition.djvu/975 Page:The Urantia Book, 1st Edition.djvu/976 Page:The Urantia Book, 1st Edition.djvu/977 Page:The Urantia Book, 1st Edition.djvu/978 Page:The Urantia Book, 1st Edition.djvu/979 Page:The Urantia Book, 1st Edition.djvu/980 Page:The Urantia Book, 1st Edition.djvu/981 Page:The Urantia Book, 1st Edition.djvu/982 Page:The Urantia Book, 1st Edition.djvu/983 Page:The Urantia Book, 1st Edition.djvu/984 Page:The Urantia Book, 1st Edition.djvu/985 Page:The Urantia Book, 1st Edition.djvu/986 Page:The Urantia Book, 1st Edition.djvu/987 Page:The Urantia Book, 1st Edition.djvu/988 Page:The Urantia Book, 1st Edition.djvu/989 Page:The Urantia Book, 1st Edition.djvu/990 Page:The Urantia Book, 1st Edition.djvu/991 Page:The Urantia Book, 1st Edition.djvu/992 Page:The Urantia Book, 1st Edition.djvu/993 Page:The Urantia Book, 1st Edition.djvu/994 Page:The Urantia Book, 1st Edition.djvu/995 Page:The Urantia Book, 1st Edition.djvu/996 Page:The Urantia Book, 1st Edition.djvu/997 Page:The Urantia Book, 1st Edition.djvu/998 Page:The Urantia Book, 1st Edition.djvu/999 Page:The Urantia Book, 1st Edition.djvu/1000 Page:The Urantia Book, 1st Edition.djvu/1001 Page:The Urantia Book, 1st Edition.djvu/1002 Page:The Urantia Book, 1st Edition.djvu/1003 Page:The Urantia Book, 1st Edition.djvu/1004 Page:The Urantia Book, 1st Edition.djvu/1005 Page:The Urantia Book, 1st Edition.djvu/1006 Page:The Urantia Book, 1st Edition.djvu/1007 Page:The Urantia Book, 1st Edition.djvu/1008 Page:The Urantia Book, 1st Edition.djvu/1009

title: User:Brad606/TUB05


text:
Page:Diary of a Pilgrimage (1891).pdf/254

 "Of course I have!" I retorted, rather irritably. "Do you think I don't know the rudiments of my profession?"

"Well," he remarked, "won't it do?"

"No," I answered. "With marriage such a failure as it seems to be all round now-a-days, how can you pump up sorrow for anyone lucky enough to keep out of it?"

"Um," he mused, "how about the child that tells everybody not to cry, and then dies?"

"Oh, and a good riddance to it!" I replied, peevishly. "There are too many children in this world. Look what a noise they make, and what a lot of money they cost in boots!"

My editor agreed that I did not appear to be in the proper spirit to write a pathetic child-story.

He inquired if I had thought of the old man who wept over the faded love-letters on Christmas-eve; and I said that I had, and that I considered him an old idiot.

"Would a dog story do?" he continued: "something about a dead dog; that's always popular."

"Not Christmassy enough," I argued.

The betrayed maiden was suggested; but dismissed, on reflection, as being too broad a subject for the pages of a "Companion for the Home Circle "—our sub-title.

"Well, think it over for another day," said my editor.

"I don't want to have to go to Jenks. He can only be pathetic as a costermonger, and our lady readers don't always like the expressions."

I thought I would go and ask the advice of a friend of mine—a very famous and popular author; in fact, one of the most famous and popular authors of the day. I was very proud of his friendship, because he was a very great man indeed: not great, perhaps, in the earnest meaning

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


text:
Page:Frank David Ely -Why defend the nation? Sound Americanism... (1924).pdf/50

46 ate units according to grade and to arm or branch of service. So there are infantry, cavalry, artillery, air service, chemical warfare service, signal, ordnance and quartermaster officers, adjutants, inspectors, judge advocates, etc., etc., down to the last unit. In addition there are a large number of officers holding what are called General and Branch assignments. The former will in event of war be employed directly under orders from the War Department on all kinds and classes of special and detached service, the need here being for a very large number of officers of various grades and qualifications; while the latter will be similarly employed directly under the orders of the chiefs of branches to which assigned. This provision for extra officers avoids any necessity of denuding the combat units of officers, and insures a surplus of trained officers to be drawn on in emergency, as to make up losses or to organize additional units.

In 1917 we were unable to immediately mobilize men to fill up the divisions, there being no officers available to receive, equip, and train them. It was necessary to first enroll, train, commission, and assign officers from raw material; and then the officers so made available were without war experience and of exceedingly limited training. If your own boy is going out to fight at his country’s call, he is entitled to leaders who know their business and who can instruct him, and who can really command whether in camp, in transport, or in battle. With the old system in vogue before the recent war, this was impossible. Now, if the present laws can be fully carried out, the boy can be sure of proper instruction and training before he actually meets the enemy.

Another advantage is that during peace time officers can be tested and assigned according to fitness and qualification. In the hurry and confusion of assignment after war is declared, a jeweler might find himself in a heavy bridge train of an engineer unit, and an automobile salesman in the signal corps; a lawyer who has no knowledge of horses other than seeing these on a Sunday in the parks might find himself in the cavalry, while a farmer, accustomed to horses all his life, might be assigned to a balloon unit. Thus was fitness sacrificed and time lost. The wisdom of the present plan for avoiding such


title: User:DraftSaturn15/common.js


text:
Page:Diary of a Pilgrimage (1891).pdf/252

 high-class paper for the family circle would be irretrievably ruined!

I was a conscientious young man in those days. I had undertaken to write a four-and-a-half column pathetic story by the end of August; and if—no matter at what mental or physical cost to myself—the task could be accomplished, those four columns and a half should be ready. I have generally found indigestion a good breeder of sorrowful thoughts. Accordingly, for a couple of days I lived upon an exclusive diet of hot boiled pork, Yorkshire pudding, and assorted pastry, with lobster salad for supper. It gave me comic nightmare. I dreamed of elephants trying to climb trees, and of churchwardens being caught playing pitch-and-toss on Sundays, and woke up shaking with laughter!

I abandoned the dyspeptic scheme, and took to read-


text:
Page:Frank David Ely -Why defend the nation? Sound Americanism... (1924).pdf/51

Rh misfits by the elimination of the haphazard methods which brought them about needs no argument.

The present Plan of Defense is so sensible and so eminently practical that it appeals to all who are familiar with the difficulties of mobilization, organization, and training at the outbreak of war.

A further reason why it is not contemplated to assign the complement of enlisted men to units in advance of an actual emergency is that it not only seems unnecessary as above stated, but the enrollment of two millions of men would seriously interfere with industry and agriculture, and would further require a very greatly increased overhead in additional personnel and expense for the Regular Army to enable it to handle the added details; and unless training could be imparted to the man, and maintained, there would be no real advantage in the pre-enrollment. Such training if given would vastly increase the annual appropriations necessary, running up military costs when it is the universal desire that these be kept as low as consistent with assured safety in defense. With trained officers available, and with Congress able to quickly authorize the draft, men can be rapidly enrolled, the physically unfit eliminated or assigned to light duties for which they are qualified, and all who are accepted for service rapidy trained. Such is the medium ground which appeals alike to officers, members of Congress, Administration leaders, and all other informed persons; and there can be no question of the soundness of the reasoning.

Any large body of selected men that is organized and directly affiliated with government is a strong factor for good government. Identification with any branch of government places it in sympathy with all of the government. For many reasons the Officers’ Reserve Corps of the Organized Reserves (in main of the American Legion), physically fit, and that fact established by medical examination prior to recommission, and again sworn to uphold the Nation, is the strongest single factor in this country for assurance of future good government. Its members are many times more numerous than those of the other components of the Army, and they are all in position to exercise the rights of franchise, which many of the others cannot. Nation-wide, built up from proved and virile men in trade, com-


text:
Page:Diary of a Pilgrimage (1891).pdf/256

 He spoke in so serious a tone that almost any reply seemed out of place, and I remained silent.

"It is the story of a man who lost his own self," he continued, still looking out upon the dying light, as though he read the story there, "who stood by the death-bed of himself, and saw himself slowly die, and knew that he was dead—for ever.

"Once upon a time there lived a poor boy. He had little in common with other children. He loved to wander by himself, to think and dream all day. It was not that he was morose, or did not care for his comrades, only that something within kept whispering to his childish heart that he had deeper lessons to comprehend than his schoolmates had. And an unseen hand would lead him away into the solitude where alone he could learn their meaning.

"Ever amid the babel of the swarming street, would he hear strong, silent voices, speaking to him as he walked, telling him of the work that would one day be entrusted to his hands,—work for God, such as is given to only the very few to do, work for the helping of God's children in the world, for the making of them stronger and truer and higher;—and, in some dimly-lighted corner, where for a moment they were alone, he would stand and


text:
Page:Frank David Ely -Why defend the nation? Sound Americanism... (1924).pdf/52

48 merce, business, and the professions, and the majority with real experience in war, it is the strongest, most democratic, the widest and greatest real “He-Man Club” in America or in the world today. In peace as in war, it is a tremendous power for good.

Think what they are and where they came from—all that they represent! When this Nation was forced into war against Germany and the Central European powers, the pick of the country volunteered and entered the training camps. These men were sound of body—proved so by thorough medical examinations—strong of heart, and what is perhaps most important of all, sound in their ideas of the fundamental needs of this Nation. They offered all and many paid it. Others are living who are broken mentally or physically from the hell gone through of bullet and bayonet, gas and shell, submarine and bomb, from physical exposure to the elements and physical and mental strains long sustained. For these the Nation has the tenderest regard, the utmost gratefulness, as it has for all who thus served; and it demands that the ultimate be done toward their restoration to health and for their physical comfort. It will watch the accomplishment of these its mandates with most critical and jealous eyes. And the Administration in power is perhaps more critical, more demanding even than the body politic; and in this lies assurance and mental comfort.

The large numbers incapacitated greatly reduced the approximate 200,000 of commissioned officers. From all those remaining some seventy thousand, after another severe physical examination to prove continued fitness, have offered themselves to their country, in response to the country’s fretful call that it be not left wholly defenseless. Little did it offer—the bare honor of the old commission so gloriously held. Asking that those who enroll stand ready to serve should war ever be forced upon us, whether required at home, on the icy tundra of the North, under the scorching rays of. the tropical sun or across the seas, it yet limits the schooling of these splendid men—the guarantors of the Nation—to a mere fifteen days per year to fit them for their arduous task. When we consider the demand, and the terms imposed—those of us who know from long experience just what those demands may mean—no wonder we


text:
Page:JT International SA v Commonwealth of Australia.pdf/80

Heydon J

and patent of one proprietor, and the trade marks of another, were "property" within the meaning of s 51(xxxi). Secondly, the fact that the rights in question affect the public interest, and have often been regulated in the public interest, does not establish that they are not property. Thirdly, there is much authority against the Commonwealth's submission. Fourthly, all common law rules, and all statutes in a field over which the Commonwealth has legislative power, are capable of being modified or extinguished by a Commonwealth statute. Yet not all common law and statutory rights are viewed as inherently susceptible to modification or extinguishment. The submission did not offer any test for distinguishing between what was inherently susceptible and what was not.

The Commonwealth also submitted that the impugned legislation could not "take" any property in any tobacco products or their retail packaging to be manufactured and sold after the legislation commenced. That was said to be because the products did not yet exist. That submission must fail. Section 51(xxxi) extends to a law which applies to property as it is acquired from time to time in the future.

Finally, the Commonwealth submitted that there was no property in the goodwill generated by the get-up of tobacco products because it was only the product of the proprietors' freedom to trade, and's 51(xxxi) does not protect the general commercial position of traders. However, once trading activity has generated goodwill in get-up sufficiently for it to be protected by injunction, it does not depend merely on freedom to trade. Rather, it depends on the propensity of customers to return in future–goodwill. The images and marks which constitute get-up help maintain that propensity, and incapacity to use them damages goodwill.

Though the TPP Act left formal ownership of the proprietors' property with them, it deprived them of control of their property, and of the benefits of control. The TPP Act gave that control and the benefits of that control to the Commonwealth.


text: Page:Diary of a Pilgrimage (1891).pdf/309


text:
Page:Henry Mulford Tichenor - A Wave of Horror (1912).djvu/21

 of our Northern cities, where paupers beg for jobs and eat the crumbs that fall from the rich man’s table, on through the wilderness of thieves, harlots, outcasts and tramps, on through jails and asylums, through the slums and into the hideous night—man, woman, won't you shudder at this foul thing a herd of greedy swine have made of our common heritage?

And you vote that this nightmare, this insult to God and man, this tribute to devils, shall go on?

And yet you have a wave of horror when James McNamara confesses to murdering only 21 men.

Man, the Plunderbund you vote to keep in power runs a string of bloody exhibitions from the Atlantic to the Pacific that make the McNamara performance look like thirty cents.

You have sent the McNamaras to the penitentiary at San Quentin. But what good will that do if you send a tool of the Plunderbund to the White House?

Just as the McNamaras are taken to the penitentiary for killing 21 men—a horrible incident, if you please, of war between labor and its masters—nearly a hundred miners are suffocated and roasted in the mines at Briceville, Tenn.

Near this scene of death, at Fraterville, in the same state, about 700 miners were put to death in 1902 by a mine explosion.

Safe-guarding appliances in the mines to prevent these holocausts cost money—explosions cost only the lives of workingmen.

Workingmen are plentiful and cost less than safety appliances and Capitalism in Christian America runs things on a cash register basis.

Capitalism can murder and devastate like a fiend with no Wave of Horror to sentence the murderers to the pen.


text: Index:Triglot Vocabulary.pdf

title: Index:Triglot Vocabulary.pdf


text:
Page:Tolstoy on Shakespeare.djvu/92

Rh An artistic, poetic work, particularly a drama, must first of all excite in the reader or spectator the illusion that whatever the person represented is living through, or experiencing, is lived through or experienced by himself. For this purpose it is as important for the dramatist to know precisely what he should make his characters both do and say as what he should not make them say and do, so as not to destroy the illusion of the reader or spectator. Speeches, however eloquent and profound they may be, when put into the mouth of dramatic characters, if they be superfluous or unnatural to the position and character, destroy the chief condition of dramatic art—the illusion, owing to which the reader or spectator lives in the feelings of the persons represented. Without putting an end to the illusion, one may leave much unsaid—the reader or spectator will himself fill this up, and sometimes, owing to this, his illusion is even increased, but to say what is superfluous is the same as to overthrow a statue composed of separate pieces and thereby scatter them, or to take away the lamp from a magic lantern: the attention of the reader or spectator is distracted, the reader

title: Page:Tolstoy on Shakespeare.djvu/92


text:
Page:JT International SA v Commonwealth of Australia.pdf/81

Heydon J

The effect of the impugned legislation is that, by s 26(1) of the TPP Act and reg 3.1.1(1) of the Regulations, the owners of tobacco trade marks can no longer use them or any part of them on their cigarette packaging or their cigarettes, save to the extent that use of the "brand, business or company name" permitted by s 20(3)(a) is a "word" mark or part of a mark. Thus each trade mark owner has lost its exclusive right to use its marks. Use of registered designs is impossible by reason of s 18 of the TPP Act. Use of patented devices in relation to the opening of packets is impossible by reason of reg 2.1.1(2) of the Regulations. Use of copyright material and common law rights in marks and getup is disrupted. By s 19 of the TPP Act and reg 2.2.1(2) of the Regulations, apart from the "brand, business or company name", nothing is to appear on cigarette packets except legislatively mandated content and a drab colour known as Pantone 448C. By reason of s 9.13 of the Standard, the proprietors are obliged to place a legislatively mandated health warning statement and an accompanying graphic over at least 75 per cent of the total area of the front outer surface of their packs. And by reason of s 9.19 of the Standard, the proprietors are obliged to place a legislatively mandated health warning statement, a graphic and an explanatory message over at least 90 per cent of the total area of the back outer surface of their packs. These obligations are much more burdensome than those imposed by the previous statutory regime.

The Commonwealth argued that there was no total prohibition on the use of the marks. Apart from any packaging of goods intended for export and the use of brand, business or company names, the marks could be used in communications with the tobacco industry, in business communications, in or on buildings and on wholesale packaging. But in reality the area for the most valuable use of the marks is removed: connection with retail customers as they purchase and use tobacco products.

Was there any relevant acquisition by the Commonwealth?

The Commonwealth submitted:

"None of the statutory rights tobacco companies claim will be taken from them by the TPP Act … involve any positive right to use, free from other legal restrictions, or at all. The imposition of new restrictions on use by the owners of the rights takes nothing away from the rights granted. No pre-existing right of property has been diminished. No property has been taken."

Of this submission, counsel for British American Tobacco said that he did not want to descend into hyperbole. He did not. Nor, indeed, did he get into a state of high dudgeon. But he said: "every one of those sentences is utterly wrong." He was right to do so. As he submitted, each of the property rights pleaded by


text:
Page:Frank David Ely -Why defend the nation? Sound Americanism... (1924).pdf/53

Rh all but despair. Well indeed is it for America that these splendid civilian soldiers are strong of heart and light of spirit. They need all they possess of both. Given fifteen days’ training per year only, and where would we be for doctors, carpenters, dentists, plumbers, lawyers, farmers, bakers, bankers ? Why, that’s easy, for America simply would not, could not, be America—our America! And yet for war, admittedly the most difficult art and science known to all mankind, in its demands running the whole gamut of business, scientific and professional knowledge, with much additional learning required that is purely military (tactical, strategical, command, supply, etc., etc.)—to acquire all this needful knowledge of the essentials of war but fifteen days of annual training is authorized!

But that is not all—the facts are worse still. The plans authorized by law are dependent—

1. Upon a sufficiency of Regular Army personnel to supervise and impart training. The numbers of that personnel were recently reduced to a figure which forbids, absolutely, fulfillment of the needs of training.

2. On the fact that all plans are contingent on annual appropriations which to date have been wholly insufficient, and highly problematical until near the annual training period, thus cutting short the time for planning the best use of the limited appropriations finally available.

The funds for training are so inadequate that in one corps area, having over 8,000 Reserve officers, about one in eleven could be sent to the summer training camp. A few attended absolutely at their own personal expense, so highly did they regard the privilege. There are not many who can afford this, nor should it be necessary.

Counting out of the fifteen-day training period the two Sundays included therein and allowing one day travel to camp, and the same for return to their homes, a total of four days are lost from the fifteen, reducing this to eleven days. Since the appropriations, as shown, permit only about one out of eleven Reserve officers to attend the annual camp, it is apparent that instead of fifteen days’ annual training the officers will get but one period of eleven days of training in eleven years!


text:
Page:Frank David Ely -Why defend the nation? Sound Americanism... (1924).pdf/55

Rh by us with all of the neighbors’ boys, that efficiency will grow and grow as the effort continues, until it reaches the point where the whole country, which by then will all be in on the rolling, will be completely reassured, and satisfied that the Nation is at last safe.


text:
Page:Tolstoy on Shakespeare.djvu/93

Rh sees the author, the spectator sees the actor, the illusion disappears, and to restore it is sometimes impossible; therefore without the feeling of measure there can not be an artist, and especially a dramatist.

Shakespeare is devoid of this feeling. His characters continually do and say what is not only unnatural to them, but utterly unnecessary. I do not cite examples of this, because I believe that he who does not himself see this striking deficiency in all Shakespeare's dramas will not be persuaded by any examples and proofs. It is sufficient to read "King Lear," alone, with its insanity, murders, plucking out of eyes, Gloucester's jump, its poisonings, and wranglings—not to mention "Pericles," "Cymbeline," "The Winter's Tale," "The Tempest"—to be convinced of this. Only a man devoid of the sense of measure and of taste could produce such types as "Titus Andronicus" or "Troilus and Cressida," or so mercilessly mutilate the old drama "King Leir."

Gervinus endeavors to prove that Shakespeare possessed the feeling of beauty, " Schonheit's sinn," but all Gervinus's proofs prove only that he himself, Gervinus, is completely

title: Page:Tolstoy on Shakespeare.djvu/93


text: Page:Frank David Ely -Why defend the nation? Sound Americanism... (1924).pdf/56


text:
Page:Diary of a Pilgrimage (1891).pdf/10

 the show, you've got to pay. If you don't pay, you stop outside; that's their brutal rule."

"Dear me," I said, "what a very unpleasant arrangement! And whereabouts is this extraordinary theatre? I don't think I can ever have been inside it."

"I don't think you have," he replied; "it is at OberAmmergau—first turning on the left after you leave Ober railway-station, fifty miles from Munich."

"Um! rather out of the way for a theatre," I said. "I should not have thought an outlying house like that could have afforded to give itself airs."

"The house holds seven thousand people," answered my friend B., "and money is turned away at each performance. The first production is on Monday next. Will you come?"

I pondered for a moment, looked at my diary, and saw that Aunt Emma was coming to spend Saturday to Wednesday next with us, calculated that if I went I should miss her, and might not see her again for years, and decided that I would go.

To tell the truth, it was the journey more than the play


text: The Diary of a Pilgrimage/A Pathetic Story


text:
Page:Tolstoy on Shakespeare.djvu/94

Rh destitute of it. In Shakespeare everything is exaggerated: the actions are exaggerated, so are their consequences, the speeches of the characters are exaggerated, and therefore at every step the possibility of artistic impression is interfered with. Whatever people may say, however they may be enraptured by Shakespeare's works, whatever merits they may attribute to them, it is perfectly certain that he was not an artist and that his works are not artistic productions. Without the sense of measure, there never was nor can be an artist, as without the feeling of rhythm there can not be a musician. Shakespeare might have been whatever you like, but he was not an artist.

"But one should not forget the time at which Shakespeare wrote," say his admirers. "It was a time of cruel and coarse habits, a time of the then fashionable euphemism, i.e., artificial way of expressing oneself—a time of forms of life strange to us, and therefore, to judge about Shakespeare, one should have in view the time when he wrote. In Homer, as in Shakespeare, there is much which is strange to us, but this does not prevent us from appreciating the beauties of Homer," say these

title: Page:Tolstoy on Shakespeare.djvu/94


text: Why Defend the Nation?/The Organized Reserves


text:
Page:Tolstoy on Shakespeare.djvu/95

Rh admirers. But in comparing Shakespeare with Homer, as does Gervinus, that infinite distance which separates true poetry from its semblance manifests itself with especial force. However distant Homer is from us, we can, without the slightest effort, transport ourselves into the life he describes, and we can thus transport ourselves because, however alien to us may be the events Homer describes, he believes in what he says and speaks seriously, and therefore he never exaggerates, and the sense of measure never abandons him. This is the reason why, not to speak of the wonderfully distinct, lifelike, and beautiful characters of Achilles, Hector, Priam, Odysseus, and the eternally touching scenes of Hector's leave-taking, of Priam's embassy, of Odysseus's return, and others—the whole of the "Iliad" and still more the "Odyssey" are so humanly near to us that we feel as if we ourselves had lived, and are living, among its gods and heroes. Not so with Shakespeare. From his first words, exaggeration is seen: the exaggeration of events, the exaggeration of emotion, and the exaggeration of effects. One sees at once that he does not believe in what

title: Page:Tolstoy on Shakespeare.djvu/95


text:
Page:Ante-Nicene Christian Library Vol 9.djvu/148

126 It is manifest, therefore, that of these [potentates], he who is to come shall slay three, and subject the remainder to his power, and that he shall be himself the eighth among them. And they shall lay Babylon waste, and burn her with fire, and shall give their kingdom to the beast, and put the church to flight. After that they shall be destroyed by the coming of our Lord. For that the kingdom must be divided, and thus come to ruin, the Lord [declares when He] says: "Every kingdom divided against itself is brought to desolation, and every city or house divided against itself shall not stand." It must be, therefore, that the kingdom, the city, and the house be divided into ten; and for this reason He has already foreshadowed the partition and division [which shall take place]. Daniel also says particularly, that the end of the fourth kingdom consists in the toes of the image seen by Nebuchadnezzar, upon which came the stone cut out without hands; and as he does himself say: "The feet were indeed the one part iron, the other part clay, until the stone was cut out without hands, and struck the image upon the iron and clay feet, and dashed them into pieces, even to the end." Then afterwards, when interpreting this, he says: "And as thou sawest the feet and the toes, partly indeed of clay, and partly of iron, the kingdom shall be divided, and there shall be in it a root of iron, as thou sawest iron mixed with baked clay. And the toes were indeed the one part iron, but the other part clay." The ten toes, therefore, are these ten kings, among whom the kingdom shall be partitioned, of whom some indeed shall be strong and active, or energetic; others, again, shall be sluggish and useless, and shall not agree; as also Daniel says: "Some part of the kingdom shall be strong, and part shall be broken from it. As thou sawest the iron mixed with the baked clay, there shall be minglings among the human race, but no cohesion one with the other, just as iron cannot be welded on to pottery ware." And since an end shall take place, he says: "And in the days of these kings shall the God of heaven raise up a kingdom which shall never decay, and His king-


text:
Page:Diary of a Pilgrimage (1891).pdf/258

 will hear. Work for the world, and the world will pay you promptly; the wages the gods give are long delayed.'

"And the demon prevailed over him, and he fell.

"And, instead of being the servant of God, he became the slave of men. And he wrote for the multitude what they wanted to hear, and the multitude applauded and flung money to him, and as he would stoop to pick it up, he would grin and touch his cap, and tell them how generous and noble they were.

"And the spirit of the artist that is handmaiden to the spirit of the prophet departed from him, and he grew into the clever huckster, the smart tradesman, whose only desire was to discover the public taste that he might pander to it.

Only tell me what it is you like,' he would cry in his heart, 'that I may write it for you, good people! Will you have again the old lies? Do you still love the old dead conventions, the worn-out formulas of life, the rotting weeds of evil thoughts that keep the fresh air from the flowers?

Shall I sing again to you the childish twaddle you have heard a million times before? Shall I defend for you the wrong, and call it right? Shall I stab Truth in the back for you, or praise it?

How shall I flatter you to-day, and in what way to-morrow and the next day? Only tell me what you wish me to say, what you wish me to think, that I may say it and think it, good people, and so get your pence and your plaudits!'

"Thus he became rich and famous and great; and had fine clothes to wear and rich foods to eat, as the demon had promised him, and servants to wait on him, and horses, and carriages to ride in; and he would have


text:
Page:Diary of a Pilgrimage (1891).pdf/259

 been happy—as happy as such things can make a man—only that at the bottom of his desk there lay (and he had never had the courage to destroy them) a little pile of faded manuscripts, written in a boyish hand, that would speak to him of the memory of a poor lad who had once paced the city's feet-worn stones, dreaming of no other greatness than that of being one of God's messengers to men, and who had died, and had been buried for all eternity, long years ago."

It was a very sad story, but not exactly the sort of sad story, I felt, that the public wants in a Christmas number. So I had to fall back upon the broken-hearted maiden, after all!


text:
Page:Tolstoy on Shakespeare.djvu/96

Rh he says, that it is of no necessity to him, that he invents the events he describes, and is indifferent to his characters—that he has conceived them only for the stage and therefore makes them do and say only what may strike his public; and therefore we do not believe either in the events, or in the actions, or in the sufferings of the characters. Nothing demonstrates so clearly the complete absence of esthetic feeling in Shakespeare as comparison between him and Homer. The works which we call the works of Homer are artistic, poetic, original works, lived through by the author or authors; whereas the works of Shakespeare—borrowed as they are, and, externally, like mosaics, artificially fitted together piecemeal from bits invented for the occasion—have nothing whatever in common with art and poetry.

title: Page:Tolstoy on Shakespeare.djvu/96


text:
Page:Frank David Ely -Why defend the nation? Sound Americanism... (1924).pdf/57

S EDUCATION is the lifeblood of the Republic, so it is the armor. Education in citizenship—basic and fundamental education—is an absolute necessity if the Republic is to endure. Our ability to meet and solve the great questions which have been vital in our development as a free nation has rested squarely on the sound basic training of the entire body politic. Under the conditions of the past the “little red schoolhouse” sufficed; but it suffices no longer. Our schools are overcrowded, the instruction given is often inefficient, and there is no compelling demand that the needs of our educational system be satisfied.

The weakest point, and the most dangerous, in our education of today, lies in the loss to daily view of those high ideals and traditions which gave the Nation birth. The ill effects from this loss, already marked, will soon grow alarming unless effective measures be taken to stop it. But what is everyone’s business is no one’s business, and the existing dangerous conditions mentioned are no exception to the rule.

Our educational means lie in three great agencies—the teachers, the preachers, and the press, and in their offshoots. No one of these factors devotes itself with sufficiently sustained seriousness and energy to the subject of good Americanism. Yet nothing so needs to be taught—nothing is so vital to the life of the Republic. Let him who doubts take heed of the communistic (socialistic) effort everywhere around us. Our very agencies of education, above enumerated, are themselves vitiated. To bridge the gap and teach and build Americanism demands the creation and sustained effort of some other suitable agency which shall, by its form of organization, be itself protected from the inroads and encroachments of radicalism. Neither our political system nor our school system can be so protected; both are open and exposed.


text:
Page:JT International SA v Commonwealth of Australia.pdf/82

Heydon J

the proprietors was rendered useless for all practical purposes. Each property right conferred included a right of use by the owner. As a matter of form, the legislation had not deprived the proprietors of their proprietorship. But in substance it had deprived them of everything that made the property worth having. For all practical purposes, the proprietors had lost the right to assign or licence any trade marks, registered designs, patents, copyright and get-up protectable at common law that they owned. No-one would pay anything for these things. Under the TPP Act, any assignee or licensee is forbidden to use them on pain of criminal and civil penalties (ss 31–48). So far as the proprietors retain their rights as owners of intellectual property to exclude others from its use, those rights are hollow. No third party could use the property without being exposed to criminal and civil penalties unless it used only a "brand, business or company name" which was a word mark or part of a word mark. That unlikely event would leave the relevant proprietor with only vestigial rights to control use by third parties. Finally, the TPP Act, by prohibiting the use of the intellectual property on the cigarette packets, denies to the proprietors the use of the last valuable place on which their intellectual property could lawfully be used. Many cigarettes being fungible goods, the only areas of competition between rival manufacturers lie in price and advertising. Before the impugned legislation, the only way the proprietors could advertise was to use their cigarette packets and their cigarettes as places on which to display their intellectual property. After the impugned legislation, they could not even do that. The legislature therefore brought about "an effective sterilisation of the rights constituting the property in question."

This new legislative regime left space on cigarette packets and cigarettes available. The proprietors did not have to waste time wondering what that now vacated space could be used for. The legislation selected that space for the compulsory display of health warnings and the Quitline trade mark. In that way, the legislation caused the Commonwealth to acquire the use of the space on the proprietors' cigarette packets for its own purposes. The life of a cigarette packet before it is purchased from a retailer is no doubt a short one. For the whole of that life, the TPP Act gives the Commonwealth exclusive use of the space on a chattel owned by a proprietor. This is more than the destruction of a substantial range of property rights. The legislation deprives the proprietors of their statutory and common law intellectual property rights and their rights to use the surfaces of their own chattels. It gives new, related rights to the Commonwealth. One is the right to command how what survived of the intellectual property ("the brand, business or company name") should be used. Another is the right to command how the surfaces of the proprietors' chattels should be employed. The


text:
Page:Tolstoy on Shakespeare.djvu/105

Rh always vices, and even the evil caused to others, is not necessarily a vice: it is often merely a necessity, a legitimate weapon, a right. And indeed, Shakespeare always held that there are no unconditional prohibitions, nor unconditional duties. For instance, he did not doubt Hamlet's right to kill the King, nor even his right to stab Polonius to death, and yet he could not restrain himself from an overwhelming feeling of indignation and repulsion when, looking around, he saw everywhere how incessantly the most elementary moral laws were being infringed. Now, in his mind there was formed, as it were, a closely riveted ring of thoughts concerning which he had always vaguely felt: such unconditional commandments do not exist; the quality and significance of an act, not to speak of a character, do not depend upon their enactment or infringement; the whole substance lies in the contents with which the separate individual, at the moment of his decision and on his own responsibility, fills up the form of these laws."

In other words, Shakespeare at last clearly saw that the moral of the aim is the only true and possible one; so that, according to Brandes,

title: Page:Tolstoy on Shakespeare.djvu/105


text:
Page:JT International SA v Commonwealth of Australia.pdf/83

Heydon J

proprietors called this conscripting, commandeering or dominating the space. To put it more neutrally, these new rights are rights of control.

The Commonwealth's new rights of control are rights closely connected with the proprietors' now-defunct property rights. Before the impugned legislation, each proprietor had the right to apply its registered trade marks to its goods in the course of trade. Each proprietor had the right to sell those goods in get-up of its choice in the course of trade. The Commonwealth acquired the right to have the cigarette packets of each proprietor presented in the course of trade in the get-up of its choice. That get-up shows very little of the proprietor's intellectual property. Instead, it shows health warnings and the Quitline logo and message. The colour and shape of the packet and the font size to be employed on it are specified in the legislation. Of the proprietor's intellectual property, only its "brand, business or company name" remains. The rights the Commonwealth acquired substantially correspond with those the proprietors lost. A newly acquired right arose in the Commonwealth to command the publication of messages it desires to have sent, without charge, to the public. If property is "a legally endorsed concentration of power over things and resources", key elements in that concentration have been moved from the proprietors to the Commonwealth. Those elements are identifiable benefits or advantages relating to the ownership or use of property.

The destruction of the proprietors' rights by prohibition is integral to the Commonwealth's command to employ health warnings. The command could not rationally have been issued without the destructive prohibition. Hence the Commonwealth could not have obtained the advantage it gained from the command without the prohibition. Thus the legislation ensured that some of the proprietors' property was destroyed and some applied totally for a purpose of the Commonwealth.

It is convenient to return to the four-sentence submission of the Commonwealth set out earlier.

The first sentence stated that the proprietors had no positive right to use their rights free from other legal restrictions. But they did if those legal restrictions contravened s 51(xxxi).


text:
Page:Ante-Nicene Christian Library Vol 9.djvu/207

Rh miration, not merely on account of the display which is given of it, but also of the occasion when it was manifested. I may refer, for example, to the premature fruit of the grape, or of the fig, or to any fruit whatsoever, from which, during its process [of growth], no man expects maturity or full development; yet, although any one may perceive that it is still somewhat imperfect, he does not for that reason despise as useless the immature grape when plucked, but he gathers it with pleasure as appearing early in the season; nor does he consider whether the grape is possessed of perfect sweetness; nay, he at once experiences satisfaction from the thought that this one has appeared before the rest. Just in the same way does God also, when He perceives the faithful possessing wisdom though still imperfect, and but a small degree of faith, overlook their defect in this respect, and therefore does not reject them; nay, but on the contrary, He kindly welcomes and accepts them as premature fruits, and honours the mind, whatsoever it may be, which is stamped with virtue, although not yet perfect. He makes allowance for it, as being among the harbingers of the vintage, and esteems it highly, inasmuch as, being of a readier disposition than the rest, it has forestalled, as it were, the blessing to itself.

Abraham therefore, Isaac, and Jacob, our fathers, are to be esteemed before all, since they did indeed afford us such early examples of virtue. How many martyrs can be compared to Daniel? How many martyrs, I ask, can rival the three youths in Babylon, although the memory of the former has not been brought before us so conspicuously as that of the latter? These were truly first-fruits, and indications of the [succeeding] fructification. Hence God has directed their life to be recorded, as a model for those who should come after.

And that their virtue was thus accepted by God, as the first-fruits of the produce, hear what He has Himself declared: "As a grape," He says, "I have found Israel in the wilderness, and as first-ripe figs your fathers." Call


text:
Page:Tolstoy on Shakespeare.djvu/106

Rh Shakespeare's fundamental principle, for which he extols him, is that the end justifies the means—action at all costs, the absence of all ideals, moderation in everything, the conservation of the forms of life once established, and the end justifying the means. If you add to this a Chauvinist English patriotism, expressed in all the historical dramas, a patriotism according to which the English throne is something sacred, Englishmen always vanquishing the French, killing thousands and losing only scores, Joan of Arc regarded as a witch, and the belief that Hector and all the Trojans, from whom the English came, are heroes, while the Greeks are cowards and traitors, and so forth,—such is the view of life of the wisest teacher of life according to his greatest admirers. And he who will attentively read Shakespeare's works can not fail to recognize that the description of this Shakespearian view of life by his admirers is quite correct.

The merit of every poetic work depends on three things:

(1) The subject of the work: the deeper the subject, i.e., the more important it is to the life of mankind, the higher is the work.

title: Page:Tolstoy on Shakespeare.djvu/106


text:
Page:JT International SA v Commonwealth of Australia.pdf/84

Heydon J

The second sentence asserted that the imposition of new restrictions on use took away nothing proprietary. But the restrictions left the proprietors with no rights in relation to the retail sale of packets of cigarettes except the right to use their "brand, business or company name".

The third sentence stated that no pre-existing right of property had been diminished. But all the proprietors' intellectual property had been rendered completely worthless, and the right to use the space on the packets had disappeared.

The fourth sentence asserted that no property had been taken. But a central element of proprietorship, control, had been taken and employed by the Commonwealth as a step in the fulfilment of its own purposes.

The Commonwealth legislation prohibited the presence on the cigarette packets and cigarettes of the proprietors' trade marks. By analogy with Deane J's example in the Tasmanian Dam Case, this gave the Commonwealth the benefit of that space, free of the offending marks. On Deane J's view, this would have been an "effective confiscation or acquisition" of the space even if the Commonwealth had no right actively to use it. But in the impugned legislation the Commonwealth went further. The impugned legislation compels the presence on the packets of the Commonwealth's and Quitline's messages. The prohibitions on the proprietors thus confer on the Commonwealth and another (ie Quitline) an "identifiable and measurable advantage" relating to the ownership or use of property within the meaning of Deane J's words.

In effect, the Commonwealth has said to the proprietors through the TPP Act: "You have been controlling your intellectual property and your chattels with a view to making profits in your businesses; I want to stop you using the intellectual property in very large measure, and command you as to how you are to use what is left of your property, not with a view to making profits in your businesses, but with a view to damaging them by making the products you sell unattractive; I will therefore take over control of your intellectual property and chattels from you." That control is a measurable and identifiable advantage relating to the ownership or use of property. It enlivens the s 51(xxxi) guarantee.

The Commonwealth argued that it had not acquired property. Rather, it had attempted to reduce the appeal of tobacco products. It had attempted to increase the effectiveness of health warnings, thereby reducing the potential for


text:
Page:The European Magazine and London Review - Vol. 87.djvu/266

 was always sprightly and agreeable.”

“But only recollect how amiable you used to be last year; how eagerly you caught at every opportunity of shewing me attention; how my poorest words, my slighest glance, would fill you with rapture.”

“Last year! my dear child.—But why heap reflection upon reflection, and bitterness upon bitterness? The days of our romantic hopes are passed; we now know that passion nourishes a great many which can find their fulfilment only in the land of dreams. Let us be contented with such little joy as may remain to us.”

With that he left the room, and Clotilde reflected with disgust upon the wide difference that unhappily exists between the luxuriant poetry of courtship, and the meagre, matter of fact prose of married life.

The hour of tea brought Eschenburg back, at length, and with him a host of company whom he had invited.

With a variety of topics before them, the party soon found material for a loud and lively conversation. Eschenburg, in particular, got entangled in a spirited contest with a charming lady, and acquitted himself with such politeness and gallantry, that Clotilde could think of nothing but revenge. And the Colonel, she conceived would be the most proper man for her purpose. He happened also to be almost the only gentleman near her not engaged in the general conversation, and he from time to time shewed her particular marks of attention.

The Baroness conversed much and familiarly with him; but, however earnestly she endeavoured to attract her husband’s attention by her sprightliness, he had no ears for any body but the Countess. Her vexation drew her deeper and deeper into conversation with Wartenstein.

“A charming social evening,” said Eschenburg to his lady, when the company had withdrawn.

“Delightful! Wartenstein can really make himself a great deal more agreeable than I had imagined.”

“Oh, but you should have observed the Countess—I should never have expected to find in a lady such a cultivated mind, so richly and variously stored.”

“Nor I, in a man so much politeness, in following every turn and caprice of conversation, and with such urbanity and such fertility of genius.”

“The Countess is better read in history than most men.”

“The Colonel is acquainted with every tender emotion of the female heart.”

“A man ought to marry, in order to know it thoroughly.”

Oh“Oh [sic], the Colonel in your place would have shewn me that small attention, I am convinced.” She pointed to the spot where the book had lain on the floor.

“And the Countess in your place, would certainly not have been guilty of that great neglect—the preferring a paltry romance to my conversation.”

Both were extremely nettled—both soon perceived that they ought not to have been so. In short, both sincerely repented what had passed, and felt anxious to prevent its recurrence. But neither would make the first advance; and several days passed over in mutual coolness. In the interim the Countess had set out for her country seat, without Eschenburg’s letting fall a single word of regret at her departure.

On the fourth day the Colonel paid them his promised visit. The undissembled friendliness with which Von Eschenburg received him, did not fail of its effect upon Clotilde.

“I believe I have extolled Wartenstein too highly, lately,” said she, as soon as he was gone, and offering her hand to her husband as she spoke.

“I willingly take upon myself a portion of that blame,” replied the Baron, embracing her.

“In fact the Colonel cannot be so dangerous as he is represented to be.”

“Now you see, my dear, our agreeable party has produced at least one good effect, namely, that of destroying, in some measure, your prejudice against Wartenstein.”

“But I cannot conceive how we both fell into so tetchy a mood.”

“Nevertheless that is a thing that often happens, my dear Clotilde. In the marriage state one must learn to forget.”

This subject was further discussed


text:
Page:CTRL0000034605 - Transcribed Interview of Angela McCallum, (December 8, 2021).pdf/80

80 Okay.

Do you want to turn to tab 6? Let's make sure we're all on the same page. The document behind there is a text chain. I believe it's two pages—

Uh-huh.

—beginning with 600. Do you want to take a second to review that?

Yeah, I don't really need a second to review this.

Okay.

What I want to say about this specific text chain and anything sent in this text chain with these, you know, seven people that I don't—like I said, this message came from a number that I don't recognize. This was something that some random person who somehow has my number sent me. I have no idea what this is.

So—okay. I'll just start from the beginning.

Uh-huh.

Okay. So this is a text chain from November 16, 2020. Your recollection is you got this text, you know, randomly. You don't know who even sent it to you.

That's correct.

Okay. So, even if you don't know who sent this to you, did you do anything with respect to their request?

I did not copy and paste the email letter below, and I did not insert my name, and I did not email Georgia Senator Mike Dugan.

So you did not—you did not email—or, did you call Mike Dugan, to your recollection?

He potentially was on my call list for the State legislator calls instructed by Michael Brown. I don't remember his specific name. It doesn't stand out to me.

If you would have called Senator Mike Dugan, would you have used this


text: Page:Ferishtah's fancies - Browning (1884).djvu/13


text:
Page:Tolstoy on Shakespeare.djvu/107

Rh (2) The external beauty achieved by technical methods proper to the particular kind of art. Thus, in dramatic art, the technical method will be a true individuality of language, corresponding to the characters, a natural, and at the same time touching plot, a correct scenic rendering of the demonstration and development of emotion, and the feeling of measure in all that is represented.

(3) Sincerity, i.e., that the author should himself keenly feel what he expresses. Without this condition there can be no work of art, as the essence of art consists in the contemplation of the work of art being infected with the author's feeling. If the author does not actually feel what he expresses, then the recipient can not become infected with the feeling of the author, does not experience any feeling, and the production can no longer be classified as a work of art.

The subject of Shakespeare's pieces, as is seen from the demonstrations of his greatest admirers, is the lowest, most vulgar view of life, which regards the external elevation of the lords of the world as a genuine distinction, despises the crowd, i.e., the working classes—

title: Page:Tolstoy on Shakespeare.djvu/107


text:
Page:Tolstoy on Shakespeare.djvu/108

Rh repudiates not only all religious, but also a humanitarian, strivings directed to the betterment of the existing order.

The second condition also, with the exception of the rendering of the scenes in which the movement of feelings is expressed, is quite absent in Shakespeare. He does not grasp the natural character of the positions of his personages, nor the language of the persons represented, nor the feeling of measure without which no work can be artistic.

The third and most important condition, sincerity, is completely absent in all Shakespeare's works. In all of them one sees intentional artifice; one sees that he is not in earnest, but that he is playing with words.

title: Page:Tolstoy on Shakespeare.djvu/108


text:
Page:Tales and Legends from the Land of the Tzar.djvu/203

Rh mortal skeleton's castle; round this castle was a wall of iron, and in the wall was a gate, before which lay a twelve-headed serpent; six of whose heads were always asleep and six were always awake, so that no one dared to stand and look at the castle for fear of the serpent, who would eat any number of people up in a moment, and not leave a tooth to remember them by.

But the horse was careful; he brought the prince as near the gates as he thought wise, and made him put on the invisible cloak and cap. Prince John dismounted and crept up to the serpent, and then whispered to his club,—

"Begin!"

The club did not wait to be told twice, but jumped upon the serpent and began beating it as hard as it could on the heads and back. The serpent howled, but the club took no notice whatever, only beat it all the harder. At last the serpent opened one of its mouths to catch its antagonist; but no, the club only beat the harder. Then the serpent opened all its twelve mouths and made a number of dreadful grimaces, but the club cared little or nothing for this, and only knocked all its teeth out!

The serpent writhed as if it were mad, and turned a back somersault in its wrath. It breathed fire, and gnawed the earth, but all in vain. Not hurriedly, nor hastily, striking no false blows, the club continued its work quite at its ease. At last the serpent, growing very ill-tempered, began to gnaw itself; and putting its large claws to its breast, it tore itself in two, and fell dead on the ground. But the club still


text: Index:Catholic Social Doctrine and the Dignity of Work Marco Rubio 2019.pdf


text:
Page:Tales and Legends from the Land of the Tzar.djvu/204

188 kept on beating the dead body, just as it had done when the serpent was alive, until Prince John told it to stop.

The prince left his good horse at the gates, where the tired animal could lie down and drink the refreshing water from the brook beside him or eat the fresh green grass that grew all round him, while the prince himself went in his invisible cloak and cap, with the club and the egg in his hands, to the immortal skeleton's castle. It was a very difficult climb to get up that rock; but after a great deal of trouble the prince at last reached the castle, and entered the garden. Suddenly he heard the sound of delightful dulcimers; and as he approached the spot from whence the sound came, he saw an old tree, on which hung a number of dulcimers playing of themselves; but under the tree sat his beloved Princess Helen, looking thoughtful and sad, but beautiful as ever. Prince John approached her, and taking off the invisible cloak and cap, he made her a sign to keep quiet; for she was about to utter a shout of joy and throw herself into his arms.

"I have brought the deceased she-skeleton," he whispered. "Wait for me here while I go in search of the immortal skeleton. When I have killed the wretch I shall come back to you, and we can ride off to my father's kingdom."

So saying, Prince John became once more invisible, and was about to go in search of the immortal skeleton in his enchanted castle, when the skeleton himself appeared on the scene, and walking up to the princess, he exclaimed,—


text:
Page:Tales and Legends from the Land of the Tzar.djvu/205

Rh "How often must I tell you that you must not grieve and look so sad? Your Prince John will never come to look for you here; it would be impossible for him to do so. You are mine. I mean to be your husband, and nobody will dare to take you away! I—"

At this moment the club nudged the prince a little.

"All right," said the prince; "begin!"

The club flew at the immortal skeleton, and beat him about with such violence that the creature howled, and turned any amount of somersaults in the air, while the prince, who was still invisible, kept crying out,—

"Beat harder, little club! beat harder! I want him to have a thorough good thrashing!"

"Who are you? and where are you?" cried the skeleton.

"Look, and you will see," the prince replied, taking off his cloak and cap, at the same time throwing the egg on the ground, which broke in halves, making the immortal skeleton turn another of his somersaults; but this time it was fatal, for he gave a tremendous howl, and died.

The prince and princess then took the delightful dulcimers, the golden horse, and the cassowary, mounted their chargers, and rode homewards. As they looked back, they saw the rock behind them tremble and fall, while a dark cloud hovered over the spot.

On arriving at King Dymion's kingdom, they found it locked in profound slumber; even the oxen


text:
Page:Henry Mulford Tichenor - A Wave of Horror (1912).djvu/22

 Over in famishing India King George holding high carnival at his Durbar acclamation—the regal fete that proclaims him tyrant of the Hindoos.

Millions of dollars spent in gorgeous festivities for this royal bum—dollars wrung from the sweat and anguish of the working class—and at the very moment millions starving to death in India because English lords have robbed them of their products.

A famine in India? Yes. A famine in China? Yes. But the granaries of India and China are full of food, the product of fat years before the famine came.

But those that produced all this food do not own it.

The capitalists, who do no work—the loafers—they own the bread, because we run our social system that way.

Listen—Bishop Sellow, of the Free Methodist Church, a returned missionary from the famine district in China, states that though hundreds of thousands have died of the pestilence brought on by hunger, there is no real shortage of food, but the food is in the hands of a few men.

"There is food in plenty," declares Bishop Sellow, "within reach of the famine area, but it is just as impossible for a starving people to obtain a handful of rice as it would be for a pauper to borrow money without security. In the famine area there is rice in plenty. But the upper classes have it for sale."

"The upper classes have it for sale"—did you ever notice anything similar to this in America?

When it comes to dollars and cents, what's the difference between a "heathen" and a "Christian" plutocrat, anyway?

The truth is, there are no real famines.

Nature can produce enough in one good year to feed the world for three or four years, and occasionally withholds the rain in order to give the soil a little rest. Of


text:
Page:Catholic Social Doctrine and the Dignity of Work Marco Rubio 2019.pdf/1

Introduction: Rights and Obligations of Economic Society
 * A few weeks ago, the Attorney General gave a speech about religious liberty at Notre Dame. The reaction was a cautionary tale about how if a Catholic public official speaks to a Catholic audience on the connection between our faith and public policy, he or she will be accused of supporting a “religious theocracy” right out of The Handmaid’s Tale.

 * So in order to avoid getting cancelledcanceled [sic] by an online mob, I decided to base my remarks today on a secular source of wisdom acceptable to the blue check brigade. My first choice was Kanye West… But then he came out with an album called Jesus Is King.

 * So it was back to the drawing board.

 * I settled on focusing on the writings of a 19 -century Italian named Vincenzo Pecci.

 * Because who could possibly be triggered by a 19 -century Italian?

 * Over 130 years ago, Pecci wrote the following: “The labor of the working class – the exercise of their skill, and the employment of their strength in the workshops of trade is indispensable… Justice demands that the interests of the working classes be carefully watched over by the administration, so that they who contribute so largely to the community may themselves share in the benefits which they create.”

 * He went on to write that the ultimate goal for any society should be to “make men better,” by providing regular people the opportunity to attain the dignity that comes from hard work, ownership, and raising a family.

 * According to Pecci, what makes this kind of society possible is the rights of both workers and businesses, but also their obligations to each other.


text:
Page:Catholic Social Doctrine and the Dignity of Work Marco Rubio 2019.pdf/2

 * Businesses have a right to make a profit. And workers have a right to share in the benefits of the profits their work helped create.

 * But businesses also have an obligation to reinvest those profits productively for the benefit of the workers and the society that made it possible.

 * And workers have an obligation to work.

 * Now it’s time for something we Catholics are familiar with: a confession.

 * Mr. Pecci wasn’t some secular economist. His views were deeply rooted in his Christian faith.

 * That is because Mr. Pecci is better known as Pope Leo XIII.

 * Forgive me, outrage police, for I have sinned. I have once again mixed politics with religion!

 * In 1891, in the midst of an Industrial Revolution that was transformative and disruptive and the rise of socialism, Pope Leo wrote an encyclical titled Rerum Novarum.

 * I wanted to revisit what he wrote because we are once again in the midst of transformative and disruptive economic change. And we once again face rising calls for socialism.

 * The economy he described as the right response was one in which workers and businesses are not competitors for their share of limited resources, but instead partners in an effort that benefits both and strengthens the entire nation.

 * This describes not just the kind of economy most of us want here in America; it describes the economy during our nation’s most prosperous and secure moments.

 * Yet for some reason, we have drifted far from this kind of society.

 * We are quite familiar and enthusiastic about our rights, but not nearly as familiar or excited about our obligations.

 * On the political right, we have become defenders of the right of businesses to make a profit, the right of shareholders to receive a return on their investment, and the obligation people have to work.


text:
Page:Catholic Social Doctrine and the Dignity of Work Marco Rubio 2019.pdf/3

 * But we have neglected the rights of workers to share in the benefits they create for their employer – and the obligation of businesses to act in the best interest of the workers and the country that have made their success possible.

 * The political left has been an enthusiastic champion of everyone’s right to various benefits – and of businesses’ obligation to share their success with their workers and the government.

 * But they rarely focus on either our obligation to work or businesses’ right to make a profit.

 * This is the false choice our politics has offered us for almost three decades.

 * And facing an economy whose architecture has been rapidly and dramatically transformed, we have been left with an economy and a society no one is happy with.

 * Even after three years of robust economic growth, we still have millions of people unable to find dignified work and feeling forgotten, ignored, and left behind.

 * And the result of decades of this negligence isn’t just economic. It has weakened families and eroded communities.

 * It has fueled the rise of grievances, in which over 70 percent of Americans believe their fellow countrymen on the opposing side of politics aren’t just wrong, they are a threat to the country.

 * This, not social media or any politician, is why we have become incapable of identifying a common good and pursuing it.

Economic Ideal vs. Reality

 * Free enterprise made America the most prosperous nation in human history. But that prosperity wasn’t just about businesses making a profit; it was also about the creation and availability of dignified work.

 * Our strength came not just from the size of our economy, but also from how its success served the broader national interest.

 * For example, we could never have defeated Nazi Germany or Imperial Japan without both an advanced and profitable industrial base and the willingness of those businesses to participate in the war effort.


text:
Page:The Atlantic Monthly Volume 1.djvu/473

 but softly, so that Saint Christopher should not hear him,—'do you think I'm in earnest? If I once get my foot on dry ground, catch me giving him so much as a tallow candle!

Now, therefore, remembering that those who have been loudest in their talk about the great subject of which we were speaking have not necessarily been wise, brave, and true men, but, on the contrary, have very often been wanting in one or two or all of the qualities these words imply, I should expect to find a good many doctrines current in the schools which I should be obliged to call foolish, cowardly, and false.

So you would abuse other people's beliefs, Sir, and yet not tell us your own creed!—said the divinity-student, coloring up with a spirit for which I liked him all the better.

I have a creed,—I replied;—none better, and none shorter. It is told in two words,—the two first of the Paternoster. And when I say these words I mean them. And when I compared the human will to a drop in a crystal, and said I meant to define moral obligations, and not weaken them, this was what I intended to express: that the fluent, self-determining power of human beings is a very strictly limited agency in the universe. The chief planes of its enclosing solid are, of course, organization, education, condition. Organization may reduce the power of the will to nothing, as in some idiots; and from this zero the scale mounts upwards by slight gradations. Education is only second to nature. Imagine all the infants born this year in Boston and Timbuctoo to change places! Condition does less, but "Give me neither poverty nor riches" was the prayer of Agur, and with good reason. If there is any improvement in modern theology, it is in getting out of the region of pure abstractions and taking these every-day working forces into account. The great theological question now heaving and throbbing in the minds of Christian men is this:

No, I wont talk about these things now. My remarks might be repeated, and it would give my friends pain to see with what personal incivilities I should be visited. Besides, what business has a mere boarder to be talking about such things at a breakfast-table? Let him make puns. To be sure, he was brought up among the Christian fathers, and learned his alphabet out of a quarto "Concilium Tridentinum." He has also heard many thousand theological lectures by men of various denominations; and it is not at all to the credit of these teachers, if he is not fit by this time to express an opinion on theological matters.

I know well enough that there are some of you who had a great deal rather see me stand on my head than use it for any purpose of thought. Does not my friend, the Professor, receive at least two letters a week, requesting him to     ,—on the strength of some youthful antic of his, which, no doubt, authorizes the intelligent constituency of autograph-hunters to address him as a harlequin?

Well, I can't be savage with you for wanting to laugh, and I like to make you laugh, well enough, when I can. But then observe this: if the sense of the ridiculous is one side of an impressible nature, it is very well; but if that is all there is in a man, he had better have been an ape at once, and so have stood at the head of his profession. Laughter and tears are meant to turn the wheels of the same machinery of sensibility; one is wind-power, and the other water-power; that is all. I have often heard the Professor talk about hysterics as being Nature's cleverest illustration of the reciprocal convertibility of the two states of which these acts are the manifestations; but you may see it every day in children; and if you want to choke with stifled tears at sight of the transition, as it shows itself in older years, go and see Mr. Blake play Jesse Rural.

It is a very dangerous thing for a literary man to indulge his love for the ridiculous. People laugh with him just


text:
Page:A Wreath of Cloud.djvu/42

38 were her wishes concerning the Initiation ceremony. She answered: ‘I see now that, being what I am, I cannot keep the child with me without injuring its prospects. I am ready to part with it; but I still fear that amid such surroundings…’ He was very sorry for her; but all the same he ordered his clerks to search the calendar for a suitable day, and began secretly to make preparations for the child’s arrival.

To hand over her own child to another woman’s keeping was indeed a bitter trial; but she kept on repeating to herself that, for its own sake, this sacrifice must sooner or later be made. The nurse whom Genji had originally sent to Akashi would of course go to take charge of it at the palace, and the prospect of losing this lady, to whom she had long confided all her sorrows, finding in her society the one solace of her monotonous and unhappy existence, added greatly to her present distress. ‘Madam,’ the nurse would say to her, ‘I shall never forget your kindness to me ever since the day when, so unexpectedly, yet as I think not without the intervention of some kind fate, it fell to my lot to serve you. You may be sure that I shall all the while be longing to have you with me. But I shall never regard our separation as more than an expedient of the moment. In the end I am convinced that all will come right. Meanwhile, do not think that I look forward with any pleasant anticipations to a life that will take me so far from your side.’ She wept; and thus day after day was spent in sad forebodings and preparations till the twelfth month was already come.

Storms of snow and hail now made the situation at Ōi more than ever depressing and uncomfortable. It appalled the Lady of Akashi to discover what manifold varieties of suffering one can be called upon to endure at one and the same time. She now spent every moment of the day in

title: Page:A Wreath of Cloud.djvu/42


text:
Page:Four popular songs (3).pdf/1

Auld Rob Morris,

The gowden locks of Anna,

What are you going to stand,

AND

The Rush light

title: Page:Four popular songs (3).pdf/1


text: Page:Four popular songs (3).pdf/2

title: Page:Four popular songs (3).pdf/2


text:
Page:JT International SA v Commonwealth of Australia.pdf/85

Heydon J

retail packaging to mislead and improving (local) public health. And it had attempted to give effect to Australia's international obligations. The Commonwealth submitted that the benefits it derived from those attempts were not benefits in the nature of property. The problem is that acquisition is not prevented from being acquisition merely by reason of its purposes. Here the Commonwealth's purposes were achieved by nullifying many of the proprietary rights of the proprietors and passing to the Commonwealth the corresponding benefits and advantages relating to the ownership or use of property–particularly control over the appearance of the cigarettes and their packaging. That control was as intense and ample as that which the proprietors had formerly enjoyed.

The Commonwealth also relied on the gratuitous character of the Quitline services as negating the proposition that an acquisition occurred. However, the nature of Quitline's services is beside the point. It does not affect the question whether Quitline only got into a position to advertise those gratuitous services on cigarette packets because of an acquisition.

Finally, the Commonwealth submitted that:

"it is an 'acceptable explanation or justification' placing an acquisition of property without compensation outside the scope of s 51(xxxi) if the acquisition of property without compensation is no more than a necessary consequence or incident of a restriction on a commercial trading activity where that restriction is reasonably necessary to prevent or reduce harm caused by that trading activity to members of the public or public health."

The Commonwealth said that any acquisition here was "no more than consequential or incidental to the legislative indication of a compelling public interest by narrowly tailored legislative means".

If this were correct, s 51(xxxi) would have a quite narrow operation. Rights of private property would be much more at risk at the hands of the Commonwealth Parliament. The elements of the postulated test are so vague that it would very often be satisfied. Yet if the test is sound, why should it not be wider? If the stated principle is correct, why should it be limited to harm to members of the public or to public health? Why should it not apply to all of the worthy goals which the Commonwealth legislature has constitutional power to further in the public interest?

The existence of a regulatory goal is not decisive of the question whether the pursuit of that goal involves a s 51(xxxi) acquisition. "The guarantee contained in's 51(xxxi) is there to protect private property. It prevents expropriation of the property of individual citizens, without adequate


text:
Page talk:The Modern Art of Taming Wild Horses.djvu/17

Makeup CHARLIECULL (talk) 00:19, 12 October 2023 (UTC)

Going viral?
I have been going viral every time I sign into facebook...Am I in danger? CHARLIECULL (talk) 00:24, 12 October 2023 (UTC)


text:
Page:JT International SA v Commonwealth of Australia.pdf/86

Heydon J

compensation, even where such expropriation may be intended to serve a wider public interest."

There is no general principle of Australian constitutional law that legislation which infringes a constitutional limitation on power will be valid so long as it is reasonably appropriate and adapted to a legitimate end within power. There are tests of that kind which operate in quite circumscribed areas. No good reason has been demonstrated to widen those areas. In particular, there is nothing in the language of s 51(xxxi) which supports the test advocated. And since the inquiry into what is "reasonably necessary" is a legislative activity, not a judicial one, it is highly unlikely to be required or permitted by implication in a Constitution, which, like ours, provides for a separation of legislative and judicial power.

There are authorities holding that some laws are outside's 51(xxxi)–laws relating to fines, penalties, taxes, forfeitures, the condemnation of prize, the seizure of enemy alien property, the enforcement of statutory liens, and bankruptcy. But those exceptions exist because the requirement to provide "just terms" is not congruent with those types of law. "To place [a law imposing a penalty for breach of a rule of conduct] within the s 51(xxxi) category would be to annihilate the penalty … and thus to weaken, if not destroy, the normative effect of the prescription of the rule of conduct." There is no incongruity of that kind between the impugned legislation and's 51(xxxi). And it has never been suggested that the examples of "incongruity" turn on inquiries into what is reasonably necessary, or on proportionality analysis. There is no authority supporting the use of proportionality analysis in applying's 51(xxxi).

Further, the Commonwealth's proposed test depends on drawing a difficult distinction between acquisitions which are central or principal aspects of a legislative scheme and those which are merely consequential or incidental. Whatever the merits of that course, the acquisition here is not incidental: it is the fundamental means by which the TPP Act operates and seeks to achieve its goals.

In Commonwealth v Huon Transport Pty Ltd, Rich J said :


text:
Page:JT International SA v Commonwealth of Australia.pdf/87

Heydon J

"When a person is deprived of property, no terms can be regarded as just which do not provide for payment to him of the value of the property as at date of expropriation, together with the amount of any damage sustained by him by reason of the expropriation, over and above the loss of the value of the property taken. The amount so ascertained is no more than the just equivalent of the property of which he has been deprived."

The Commonwealth submitted that this did not represent the modern doctrine of this Court. But it cited no authoritative repudiation of it. The TPP Act makes no provision for compensation of any kind. Hence there are no just terms.

The Commonwealth submitted that the TPP Act did provide "just terms" in the form of "fair dealing" as between the "tobacco companies and the Australian nation representing the Australian community put at risk by their products." Even assuming the correctness of the numerous "constitutional facts" on which the Commonwealth relied in relation to smoking, this submission must be rejected. The Commonwealth put its submission as follows:

"For the Australian nation representing the Australian community to be required to compensate tobacco companies for the loss resulting from no longer being able to continue in the harmful use of their property goes beyond the requirements of any reasonable notion of fairness. That conclusion is reinforced by the profound incongruity involved in the provision of compensation to those who would benefit from continuing to engage in the harmful trading activity that would continue to be permitted but for the TPP Act."

In assessing the submission, it must be remembered that the legislation does not criminalise the sale of tobacco products. The parties accepted that tobacco products cause harm. It is more controversial whether reducing the use of intellectual property on the packaging of tobacco products will reduce that harm. Even accepting that it will, the submission must fail. Most expropriating legislation is designed in good faith to strike a balance between competing social interests with a view to solving particular problems. It is revolutionary to suggest that the Commonwealth is relieved of its obligation to provide just terms in the form of compensation merely because the legislation under which it acquires property is fair in the sense assumed by the submission. The primary authority on which the Commonwealth relied was directed not to substitutes for compensation, but to criteria relevant to the calculation of compensation. In


text:
The Circus Lion

The spoil of cunning human hands
 * The tawny lion lies,

Dreaming, perchance, of desert sands
 * And far-off Lybian skies.

He sees the tombs of kings rise dark
 * The moonlight on the plain...

While a pale, narrow-shouldered clerk
 * Makes comments on his mane!

He rises, snarling at the hands
 * That point their feeble fun,

And longs upon those midnight sands
 * To see the red blood run.

He beats the rough boards with his tail,
 * His great jaws gnash their rage,

But what can royal strength avail
 * Against a bar-set cage?

His muscles strain, his eyes go dark,
 * He crouches for a spring...

Secure, the flaccid, weakling clerk
 * Laughs at the Captive King!

title: The Circus Lion


text: Talk:The Circus Lion

title: Talk:The Circus Lion


text:
Page:JT International SA v Commonwealth of Australia.pdf/88

Heydon J

Georgiadis v Australian and Overseas Telecommunications Corporation, Brennan J said:

"In determining the issue of just terms, the Court does not attempt a balancing of the interests of the dispossessed owner against the interests of the community at large. The purpose of the guarantee of just terms is to ensure that the owners of property compulsorily acquired by government presumably in the interests of the community at large are not required to sacrifice their property for less than its worth. Unless it be shown that what is gained is full compensation for what is lost, the terms cannot be found to be just."

That passage has been approved by Gleeson CJ. It is the furtherance of the public interest which moves the legislature to enact legislation acquiring property, thereby creating the occasion for an inquiry into whether "just terms" have been provided. But the furtherance of the public interest is not a reason to deny just compensation to the property owner. To hold otherwise is significantly to weaken the effectiveness of s 51(xxxi) as a constitutional guarantee. The Commonwealth's submission must therefore be rejected.

The Commonwealth contended that if, contrary to all its submissions, there had been an acquisition otherwise than on just terms, the TPP Act would not apply pursuant to s 15(1) of that Act. However, if the whole TPP Act apart from s 15(1) would result in an acquisition otherwise than on just terms, the whole Act fails, and s 15(1) would result in the whole of it not applying. The whole TPP Act apart from s 15(1) is in truth invalid because its central provisions collide with s 51(xxxi). This litigation is not an appropriate vehicle in which to decide whether legislation in the form of s 15(1) would have been valid if only parts of the TPP Act had been invalid.

In 1979, in Trade Practices Commission v Tooth & Co Ltd, Mason J said :


text:
Page:Tolstoy on Shakespeare.djvu/98

Rh The ethical authority of this supreme teacher of life consists in the following: The starting point of Shakespeare's conception of life, says Gervinus, is that man is gifted with powers of activity, and therefore, first of all, according to Gervinus, Shakespeare regarded it as good and necessary for man that he should act (as if it were possible for a man not to act):

"Die thatkräftigen Männer, Fortinbras, Bolingbroke, Alcibiades, Octavius spielen hier die gegensätzlichen Rollen gegen die verschiedenen thatlosen; nicht ihre Charaktere verdienen ihnen Allen ihr Glück und Gedeihen etwa durch eine grosse Ueberlegenheit ihrer Natur, sondern trotz ihrer geringeren Anlage stellt sich ihre Thatkraft an sich über die Unthätigkeit der Anderen hinaus, gleichviel aus wie schöner Quelle diese Passivität, aus wie schlechter jene Thätigkeit fliesse."

I.e., active people, like Fortinbras, Bolingbroke, Alcibiades, Octavius, says Gervinus, are placed in contrast, by Shakespeare, with various characters who do not exhibit energetic activity. And happiness and success, according to Shakespeare, are attained by individuals possessing this active character, not at all owing

title: Page:Tolstoy on Shakespeare.djvu/98


text:
Page:From private to field-marshal (IA fromprivatetofie01robe).pdf/33

 hospital for two months with rheumatic fever brought on by exposure.

When a man "reported sick" he was marched at about nine o'clock in the morning to the medical inspection room of his regiment, and after waiting about in all weathers for an indefinite time was seen by a medical officer. If considered a case for admission he was given an aperient, whether he wanted it or not, in the shape of half-a-pint of vile-tasting liquid known as " black-strap." He was next marched off to hospital, which might be anything up to a mile or more away, and there he was interviewed by another doctor before being "admitted" to hospital. Next he was told off to a ward, where he might hope to arrive about mid-day, after having been on the move for some three or four hours. In the afternoon he would put on his hospital clothing, give his own into store, and lie down to await the visit of the medical officer in charge of the ward on the following morning. He was then again examined, treatment was prescribed, and if all went well he received it during the afternoon, or some thirty hours after he first set out from his barrack-room.

Accidents and other special cases would be dealt with more or less immediately, but ordinary medical cases dawdled on in the manner I have described, greatly to the discomfort of the patient and sometimes at the risk of his life. There was no nursing service, at any rate in the hospitals I had the misfortune to visit. Nursing and dressing were the duty of the "orderly" of the ward, and this individual was apt to regulate the amount of attention he gave to his patients by the amount of tips they gave to him.

Permission to be out of barracks after "watch-setting" —half-past nine at night—was sparingly granted, and all night passes were practically never given. The "roll" was called at watch-setting, when every man not on leave had to answer his name, and to make sure that none went out afterwards one and sometimes two "check" roll-calls were made by the orderly sergeant-major at uncertain hours during the night. Each orderly-sergeant handed in at watch-setting a statement showing the number of men