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] who are observers of nature, in its minute and more obscure forms, and who, amidst the busy cares of life, have been content to leave for a time the ceaseless anxieties of and contemplate the world which is around them.

In the month of September last, the weather having been exceedingly humid and oppressive for several days, we observed, as the dusk of evening approached, that an unusual number of unhappy flies had come to an untimely end in various parts of the house, not on the windows only, but, as a closer examination showed, they were tightly fixed to the wainscoted walls and other smooth and polished surfaces. Varnished and glass-like objects had been generally selected, although rarely rougher surfaces had sufficed, the smoother being evidently preferred as being probably better adapted for adhesion. We could remember the time when we had seen dead flies sticking to the windows, surrounded by a little cloud, which in our ignorance we then thought was only dust; but the time arrived when we learnt that the so-called dust was a vegetable growth, and we were now aware that these flies had died in consequence of the overpowering attack of a fungus, to which they had succumbed. The curiosity which at times had possessed us so strongly as to make us look with longing eyes at the victims on our neighbour's windows, and wish we might be allowed to cut out a small piece of his glass, say 'three inches by one,' induced us now to investigate a little more closely than hitherto the humble subjects of our remarks.

A diligent search rewarded our endeavours, for after some time had been spent in watching our small friends, we perceived one which was not so lively as its companions, but rather in a semi-torpid condition, which had extended its proboscis and by aid of its two fore feet appeared to be clutchin the glass with a spasmodic effort. Here then, at last, was an opportunity of obtaining a good specimen for futher examination. One minute sufficed to fetch a slip of glass, and then, carefully placing the fly on the centre of it, we were gratified at beholding the victim again extend its proboscis, and, with the assistance of all its legs, resume the position in which we first saw it. For security we placed a large bell-glass over it and resumed our hunt. Another "incurable" quickly met our fond gaze, and in its turn was placed on another glass slide. It proved as docile and tractable as its fellow, and readily adhered to the glass. Feeling we were now sufficiently supplied, we proceeded to watch with some attention, but were not enlightened by any movement on the part of the patients. Unlike the Davenport Brothers, they were evidently unable to release themselves from the bonds which restrained them, so we left them quietly for an hour, and at the end of this period observed a dulness on the glass, though it was so slight as not to be easily discernable. At the end of two hours, another pper revealed the fact that what had appeared as only a dulness before had now developed to a distinct white cloudiness, which extended for a short space from each side of the abdomen, and gave evidence of forthcoming work for the microscope, as soon as the slides might be safely moved, without risking the somewhat fearful calamity of disturbing the innocent subjects of our notice. We therefore left them for the night, full of hope that the returning day would reveal a further development of this interesting parasitic plant.

With the "cock's shrill clarion" we awoke on the following morning, and no follower of the chase ever left his bed-chamber more eager for the sport team we were to ascertain the state of our prisoners; nor were we disappointed in our hopes as to the result of the last eight hours. The flies were dead; but we did not grieve, on the contrary, we rather preferred it, for it promoted the object of our inquiry, by rendering the vegetation of the plants more complete, as was proved by the first glance we took at the glasses. The white dust now extended to the edges, although not at all in a regular and even film, but seemed radiated in waves more or less opaque, while the flies had maintained their original position and consequently had all the appearance of life.

Desirous to see the end of this parasitic growth, we refrained from disturbing it until more than a week had elapsed, when we submitted one of the slips to examination under the microscope. We then perceived that what appeared to be a white dust, consisted of innumerable small disc-like spores or seeds, which were flat and circular, each having a nucleus and a few markings or rays extending from the centre to the edge, so that they might be familiarly compared to cart-wheels in appearance. The fly itself also proved an interesting subject for examination, as the hairs which covered it in all directions were beautifully decorated with snow-white globules, like bunches of grapes. The wings, legs, and proboscis were likewise dotted with similar spores, while they were abundant at the less horny parts, between the plates of the abdomen.


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 VW and Subsidiary (as well as the Federal Republic of Germany) urge that this import ban offends Article 16 of the German/American Treaty of 1954, and Articles I and III of the General Agreement on Tariffs and Trade (GATT), because it restricts German manufacturers but not American automobile manufacturers, who remain free to sell cars with factory-installed air conditioners.

The district court was apparently of the view that the treaties had no application, see Calnetics Corp. v. Volkswagen of America, Inc., 353 F.Supp. at 1222 n.5, because the relief granted did not “discriminate against the products of Germany in favor of United States producers or manufacturers.” Rather, the relief granted was merely “intended to deal with and is aimed at the maintenance of a free, open and competitive market in automobile air conditioners for Volkswagen automobiles.” 353 F.Supp. at 1222.

The district court apparently considered only the effect of its decree on competition within the submarket it had defined; on that basis, the decree did not “discriminate” against a German manufacturer, because the import ban was merely one of a series of restrictions aimed at controlling the purchasing and manufacturing activities of a domestic corporation, Volkswagen of America.

This reasoning is based upon an unduly limited market concept. The import ban affects not only competition for the sale of domestic automobile air conditioners but also competition for the sale of automobiles. The record demonstrates that an important factor in the sale of automobiles is the availability of integrated, factory-installed air conditioning. The ban discriminates against the German automobile manufacturer because it forbids him to sell in the United States cars with factory-installed air conditioning while imposing no similar restriction on domestic automobile manufacturers.

An exception in GATT does permit restrictive measures “necessary” to comply with United States antitrust laws. But because the district court did not consider the treaties relevant, it did not attempt to justify the import ban under this exception.

Apart from treaty provisions, the effect of the import ban would be anticompetitive with respect to competition for the sale of automobiles. While courts must disregard such incidental effects in determining the illegality vel non of an alleged antitrust violation, they should consider them when fashioning relief.

Similarly, the ban will have at least a short-term anticompetitive effect with respect to competition for the sale of air conditioning equipment, because Volkswagenwerk A.G., the German manufacturer, will vanish as a potential market entrant, thus eliminating any downward price pressure the threat of its entry into the market might exert.

If, on remand, there is a jury verdict in favor of Calnetics on one or more of its antitrust claims against VW and Subsidiary, and if the district court makes the further determination that Calnetics is entitled to equitable relief under the traditional standards governing the availability of relief under § 16 of the Clayton Act, then the court should reassess the necessity for an import ban in light of (1) the applicability of the treaties, (2) the unavailability of the divestiture remedy, (3) the anticompetitive

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


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 dame. "Here, boy, leave off crying, and hold my horse; keep your hold tight, but give him rein, he'll be quiet enough then. I'll see honest John, dame Conyers."

"I'm sure your honour's very kind, but I'm mortal feared the good man's beside himself, and he's apt to do very violent things when the fit's on him. He hasn't been so bad, since young Barton behaved so wickedly to his sister."

"Never mind! I'll see him; there's nothing like a friend's face in the hour of sorrow."

"I wouldn't advise your honour," said the good dame, with a fearful expression of countenance; "It's an awful hour when the fit's on him; he knows not friend or foe, and scarcely seems to know me, your honour."

"Never mind, never mind, I'll see him."

Vivian entered the cottage,—but, oh! the scene of desolation, who shall describe? The room was entirely stripped, literally of every thing; there was nothing left, save the bare

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 white-washed walls, and the red tiled flooring. The room was darkened; and seated on an old block of wood, which had been pulled out of the orchard, since the bailiff had left, was John Conyers. The fire was out, but his feet were still among the ashes. His head was buried in his hands, and bowed down nearly to his knees. The eldest girl, a fine sensible child of about thirteen, was sitting with two brothers on the floor in a corner of the room, motionless, their faces grave, and still as death, but tearless. Three young children, of an age too tender to know grief, were acting unmeaning gambols near the door.

"Oh! pray beware, your honour," earnestly whispered the poor dame, as she entered the cottage with the visitor.

Vivian walked up with a silent step to the end of the room, where John Conyers was sitting. He remembered this little room, when he thought it the very model of the abode of an English husbandman. The neat row of plates,

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 kindly upon me (though some call him a stern and awful noble) said: "Why Master Leolinus you look but sickly, poor gentleman, poor gentleman, I protest you're but a shadow, do not your Abbreviatures bring you in a goodly revenue?" "Not so, Your Grace," answered I, "to the present time I have abbreviated all in vain, and were it not for the hospitality of your table, I know not how I should win through." "How goes it then with your Silurian Histories, with which I am mightily in love by your talk of them, and would by no means have them remain unfinished." "With them, may it please Your Grace, it fares exceedingly well, and this very morning I have made an end of writing the First Journey, containing many agreeable histories and choice discourses." "I believe indeed it will be a rare book, fit to read to the monks of Tintern while they dine. But yet I will have you lay it aside a little, since I have a good piece of preferment for you, an office (or I mistake you) altogether to your taste. What say you, Master Scholar, to the lordship of an Island and no less an Island thatthan [sic] Farre Joyaunce in the Western Seas? How stand you thitherwards? Will you take ship presently?" At hearing this, I was, as you may guess, half bewildered with sudden joy, that is apt to bring tears into the eyes of them that have toiled in many a weary struggle with adversity: I could but kneel and kiss His Grace's hand, and say, "My lord." "Enough, enough," said this kind nobleman, "I have long desired this place for you; when you first broke bread with me, I said to my chaplain,

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Truce

 * "The Truce", a short story by Charles George Douglas Roberts
 * "Truce" (1926, "Fine down your weapons, weary enemy"), a poem by Genevieve Taggard

title: Truce


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 and the well-scoured utensils, and the fine old Dutch clock, and the ancient and amusing ballad, purchased at some neighbouring fair, or of some itinerant bibliopole, and pinned against the wall—all, all were gone!

"John Conyers!" exclaimed Vivian.

There was no answer, nor did the miserable man appear in the slightest degree to be sensible of Vivian's presence.

"My good John Conyers!"

The man raised his head from his resting place, and turned to the spot whence the voice proceeded. There was such an unnatural fire in his eyes, that Vivian's spirit almost quailed. Any one, but Vivian Grey, would have fled the house. His alarm was not decreased when he perceived, that the master of the cottage did not recognize him. The fearful stare was, however, short, and again the sufferer's face was hid.

The wife was advancing, but Vivian waved

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 his hand to her to withdraw, and she accordingly fell into the back ground; but her fixed eye did not leave her husband for a second.

"John Conyers, it is your friend, Mr. Vivian Grey, who is here," said Vivian.

"Grey!" moaned the husbandman, "Grey! who is he?"

"Your friend, John Conyers. Do you quite forget me?" said Vivian advancing, and with a tone which Vivian Grey could alone assume.

"I think I have seen you, and you were kind," and the face was again hid.

"And always will be kind, John Conyers. I have come to comfort you. I thought that a friend's voice would do you good in this hour of your affliction. Come, come, my good Conyers, cheer up, my man!" and Vivian dared to touch him. His hand was not repulsed. "Do you remember what good service you did me when I rode white-footed Moll. Oh! John Conyers, when the mare was plunging on the hill-top, I was much worse off than you are now;

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 'That man hath in him all the essentials of a Governour, for he eats clean and drinks very dry. Farre Joyaunce shall certainly have him, so soon as my cousin Gwared dies.' And this day the ship came into the river from Sure Haven, bringing letters from the Bishop to the intent that Gwared fell asleep a month ago, and that the people of the Island anxiously await a new Governour. So if you will, the office is your own, the ship Salutation will trip anchor on St. Denys his day, and can bear Leolinus, first of that name since the Conquest, to his Island of Farre Joyaunce."

So it has come to pass that in a few days I shall be bound for Sure Haven in that pleasant island of the west, and shall be forced to put aside my writings that I may advise concerning the duties of my lordship, its law, civil and ecclesiastical, its privileges, tolls, heriots, estovers, and all customary dues. And that I may sooner comprehend them I have much talk with the Paumier de Seigneur, who came in the ship Salutation, and is a high officer in Farre Joyaunce, where the chief disport is tennis-play, and a skilful player more worshipped and honoured than almost anyone. Surely this shall be a Blessed Isle; but ere we drop anchor we shall be, I fear, sorely buffeted by storm and tempest, and shall scarcely sight the castle towers before the clerks are singing the O Sapientia. Nevertheless I am in good hopes of keeping Christmas in my castle aforesaid, and will endeavour to show my subjects what it is to have a Governour that has dwelt in Cock

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 effect of the ban with respect to competition for the sale of automobiles, and (4) the anticompetitive effect of the ban with respect to competition for the sale of automobile air conditioners.

A special word is in order insofar as the district court may, on remand, contemplate reimposition of a ban on importation by VW of Porsche automobiles equipped with factory-installed air conditioning. Porsche was not a party to the proceedings below. It is an independent German corporation unrelated by ownership to any party in these proceedings. Its only connection to VW is that VW imports the Porsche product—a luxury sports car—into the United States. Elementary fairness requires that Porsche be given a chance to be heard before its importation agreement with VW is, in effect, partially voided by judicial decree.

VW and Subsidiary urge that the 10-year ban on domestic manufacture and assembly of automobile air conditioners which the district court placed on VW was unsupported by any factual conclusions or analysis.

Calnetics does not directly counter this argument in its responsive brief and reply.

The district court stated that the ban was necessary in light of the “near vacuum [of demand, presumably] created by the acquisition * * *.” The ban was further justified as assisting in “the maintenance of a competitive market” and “stabiliz[ing] competition * * *” in the aftermath of divestiture. 353 F.Supp. at 1221.

The ban on internal expansion was intended as a supplement to divestiture relief—presumably aimed at “maintaining the divested company as a viable competitor in the marketplace without the aid of the protective practices of a parent who is its sole customer.” 353 F.Supp. at 1221. Because divestiture is not an available remedy, there is scant basis for imposition of a ban on internal expansion on remand. The district court should, if the issue arises, reconsider the advisability of a ban on internal expansion in light of alternative injunctive remedies and the unavailability of divestiture.

The district court permanently enjoined VW and its wholly owned distributors from satisfying more than 50% of their air-conditioning equipment needs from the output of the divested firm. While the propriety of this particular quota is moot because of the unavailability of divestiture, we deal with the arguments relating to the 50% quota in order to guide the district court should it consider imposing a similar permanent quota on remand.

The United States virtually concedes in its amicus brief that the perpetual purchase restriction was error. Calnetics seeks to defend the restriction as necessary to insure that VW will not continue to buy all of its requirements from the purchaser of the divested firm. Calnetics argues that the 50% quota creates an open market for the competitors of the divested firm.

The 50% quota, however, creates the antithesis of an open market. As the district court inadvertently acknowledged, the effect of the quota is to displace the competitive forces of the marketplace and transform a segment of the automobile air-conditioning equipment business into a regulated industry. See 353 F.Supp. at 1223 (“The Court must therefore fashion some flexible standard by which the business needs of a buyer can be compatible with the needs of the various possible suppliers in this market.”)). [sic] It is inconceivable that such a quota would serve the goals of the antitrust laws, which are designed to preserve competition, not particular competitors.

IV. ATTORNEYS’ FEES and COSTS.

A. Attorneys’ Fees.

The district court awarded Calnetics attorneys’ fees because it had acted “in


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 and yet, you see, a friend came and saved me. You must not give way so, my good fellow. After all, a little management will set every thing right," and he took the husbandman's sturdy hand. John Conyers looked wildly round, but the unnatural fire that had glistened in his eyes was extinguished.

"I do remember you," he faintly cried; "I do remember you. You were always very kind."

"And always will be, I repeat, John Conyers; at least to friends like you. Come, come, there's a man, cheer up and look about you, and let the sunbeam enter your cottage:" and Vivian beckoned to the wife to open the closed shutter.

Conyers stared around him, but his eye rested only on bare walls, and the big tear coursed down his hardy cheek.

"Nay, never mind man!" said Vivian, "well soon have chairs and tables again. And as for the rent, think no more about that at present."

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Quarrel

 * "A Quarrel" (1818), a short story by William Carey
 * "Quarrel" (1926, "Stop fighting! It's the armour that I hate"), a poem by Genevieve Taggard
 * "Quarrel" (1926, "Stop fighting! It's the armour that I hate"), a poem by Genevieve Taggard

title: Quarrel


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 sicknesses, or the worst of sicknesses, continual fear of it. Are they gods? He that called them so cannot flatter. They are gods, but sick gods; and God is presented to us under many human affections, as far as infirmities: God is called angry, and sorry, and weary, and heavy, but never a sick God; for then he might die like men, as our gods do. The worst that they could say in reproach and scorn of the gods of the heathen was, that perchance they were asleep; but gods that are so sick as that they cannot sleep, are in an infirmer condition. A god, and need a physician? A Jupiter, and need an sculapius? that must have rhubarb to purge his choler, lest he be too angry, and agarick to purge his phlegm, lest he be too drowsy; that as Tertullian says of the Egyptian gods, plants and herbs, that " God was beholden to man for growing in his garden," so we must say of these gods, their eternity (an eternity of threescore and ten years) is in the apothecary's shop, and not in the metaphorical deity. Jut their deity is better expressed in their humility than in their height; when abounding and overflowing, as God, in means of doing good, they descend, as God, to a communication of their abundances with men, according to their necessities, then they are gods. No man is well that understands not, that values not his being well; that hath not a cheertulness and a joy in it; and whosoever hath this joy, hath a desire to communicate, to propagate that which occasions his happiness and his joy to others; for every man loves witnesses of his happiness, and the best witnesses arc experimental witnesses; they who have tasted of that in themselves which makes us happy: it consummates therefove, it perfects the happiness of kings, to confer, to transfer, honour and riches, and (as they can) health, upon those that need them.

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 The husbandman looked up to heaven, and then burst into the most violent hysterics. Vivian could scarcely hold down the powerful, and convulsed, frame of Conyers on his rugged seat; but the wife advanced from the back of the room, and her husband's head rested against her bosom. Vivian held his honest hand, and the eldest girl rose unbidden from her silent sorrow, and clung to her father's knee.

"The fit is over," whispered the wife. "There, there, there's a man, all is now well;" and Vivian left him resting on his wife's bosom.

"Here, you curly-headed rascal, scamper down to the village immediately, and bring up a basket of something to eat; and tell Morgan Price, that Mr. Grey says he's to send up a couple of beds, and some chairs here immediately, and some plates and dishes, and every thing else, and don't forget a bottle of wine;" so saying, Vivian flung the urchin a sovereign.

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Y God, my God, I have a warning from the wise man, that when a rich man speaketh, every man holdeth his tongue, and, look, what he saith, they extol it to the clouds; but if a poor man speak, they say, What fellow is this? And if he stumble, they will help to overthrow him. Therefore may my words be undervalued, and my errovs aggravated, if I offer to speak of kings; but not by thee, O my God, because I speak of them as they are in thee, and of thee as thou art in them. Certainly those men prepare a way of speaking negligently or irreverently of thee, that give themselves that liberty in speaking of thy vicegerents, kings: for thou who gavest Augustus the empire, gavest it to Nero too; and as Vespasian had it from thee, so had Julian: though kings deface in themselves thy first image in their own soul, thou givest no man leave to deface thy second image, imprinted indelibly in their power. But thou knowest, O God, that if I should be slack in celebrating thy mercies to me exhibited by that royal instrument, my sovereign, to many other faults that touch upon allegiance, I should add the worst of all, ingratitude, which constitutes an ill man; and faults which are defects in any particular function, are not so great as those that destroy our humanity. It is not so ill to be an ill subject as to be an ill man; for he hath an universal illness, ready to flow and pour out itself into any mould, any form, and to spend itself in any function. As therefore thy Son did upon the coin, I look upon the king, and I ask whose image and whose inscription he hath, and he hath thine; and I give unto thee that which is thine; I recommend his happiness to thee in all my sacrifices of thanks, for that which he enjoys, and in all my prayers, for

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 Loft Land. And then once more to my book that I may make it an ecceptableacceptable [sic] and a worthy offering to my lord, slowly and artfully brewing my strong ale, storing up in fair bins and vessels my curious sausages, my mangoes hot and sweet, spices, delicate liquors, and choice confections, until at last I have such mauresuemauresque [sic] fare to offer as shall be very pleasant to the taste, and shall make men come and come again, and insiteincite [sic] and spur them to the Silurian Wisdom. So my book shall be shown in the after time, when I am gone to the Abiding Home—"This is the Chronicle of Clemendy, and a curious piece. Master Leolinus, the Silurist, who was sometime Lord of Farre Joyaunce, wrote it; a painful man and mightily addicted to good letters, good ale, and good tobacco."

But here is my Paumier, with his parchments, to advise with me concerning a grant of Water Baylage to the Abbey of St. Michael, and also concerning the ceremonies observed in the island at Christmastide. He tells me that the voyage will surely be a rough and tempestuous one, but with the captain of the Salutation there need be no fear. And so farewell, till the anchor be dropt in the Sure Haven of Farre Joyaunce.

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 the continuance and enlargement of them. DBut let me stop, my God, and consider; will not this look like a piece of art and cunning, to couvey into the world an opinion, that I were more particular in his care than other men? and that herein, in a show of humility and thankfulness, I magnify myself more than there is causec? But let not that jealousy stop me, O God, but let me go forward in celebrating thy mercy exhibited by him. This which he doth now, in assisting so my bodily health, I know is common to me with many: many, many have tasted of that expression of his graciousness. Where he can give health by his own hands he doth, and to more than any of his predecessors have done: therefore hath God reserved one disease for him, that he only might cure it, though perchance not only by one title and interest, nor only as one king. To those that need it not, in that kind, and so cannot have it by his own hand, he sends a donative of health in sending his physician. The holy king St. Louis, in France, and our Maud, is celebrated for that, that personally they visited hospitals, and assisted in the cure even of loathsome diseases. And when that religious empress, Placilla, the wife of Theodosius, was told that she diminished herself too much in those personal assistances, and might do enough in sending relief, she said, she would send in that capacity as empress, but she would go too in that capacity as a Christian, as a fellow-member of the body of thy Son, with them. So thy servant David applies himself to his people, so he incorporates himself in his people, by calling them his brethren, his bones, his flesh ; and when they fell under thy hand, even to the pretermitting of himself, he presses upon thee by praver for them; I have sinned, but these sheep, what have they done? Let thine hand, I pray thee, be against me and against

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 my father's house. It is kingly to give; when Araunah gave that great and free present to David, that place, those instruments for sacrifice, and the sacrifices themselves, it is said there by thy Spirit, All these things did Araunah give, as a king, to the king. To give is an approaching to the condition of kings, but to give health, an approaching to the King of kings, to thee. DBut this his assisting to my bodily health, thou knowest, O God, and so do some others of thine honourable servants know, is but the twilight of that day wherein thou, through him, hast shined upon me before; but the echo of that voice, whereby thou, through him, hast spoke to me before, then when he, first of any man, conceived a hope that 1 might be of some use in thy church, and descended to an intimation, to a persuasion, almost to a solicitation, that I would embrace that calling. And thou who hadst put that desire into his heart, didst also put into mine an obedience to it; and I, who was sick before of a vertiginous giddiness and irresolution, and almost spent all my time in consulting how I should spend it, was by this man of God, and God of men, put into the pool and recovered: when I asked, perchance, a stone, he gave me bread; when I asked, perchance, a scorpion, he gave me a fish; when I asked a temporal office, he denied not, refused not that; but let me see that he had rather I took this. These things thou, O God, who forgettest nothing, hast not forgot, though perchance he, because they were benefits, hath; but I am not only a witness, but an instance, that our Jehoshaphat hath a care to ordain priests, as well as judges : and not only to send physicians for temporal, but to be the physician for spiritual health.

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ETERNAL and most gracious God, who, though thou have reserved thy treasure of perfect joy and perfect glory, to be given by thine own hands then, when, by seeing thee as thou art in thyself, and knowing thee as we are known, we shall possess in an instant, and possess for ever, all that can any way conduce to our happiness, yet here also, in this world, givest us such ecarnests of that full payment, as by the value of the earnest we may give some estimate of the treasure, humbly and thankfully I acknowledge, that thy blessed Spirit iustructs me to make a difference of thy blessings in this world, by that difference of the instruments by which it hath pleased thee to derive them unto me. As we see thee here in a glass, so we receive from thee here by reflection and by instruments. Even casual things come from thee; and that which we call fortune here hath another name above. Nature reaches out her hand, and gives us corn, and wine, and oil, and milk; but thou fillest her hand before, and thou openest her hand, that she may rain down her showers upon us. Industry reaches out her hand to us, and gives us fruits of our labour for ourselves and our posterity; but thy hand guides that hand when it sows and when it waters, and the increase is from thee. Friends reach out their hands and prefer us; but thy hand supports that hand that supports us. Of all these thy instruments have I received thy blessing, O God; but bless thy name most for the greatest; that, as a member of the public, and as a partaker of private favours too, by thy right hand, thy powerful hand set over ug, I have had my portion not only in the hearing, but in the preaching of thy Gospel. Humbly besecching thee, that, as thou continuest thy wonted

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 "And now, Dame Conyers, for Heaven's sake! light the fire. As for the rent, John Conyers, do not waste this trifle on that," whispered Vivian, slipping his purse into his hand, "for I'll see Stapylton Toad, and get time. Why, woman, you'll never strike a light, if your tears drop so fast into the tinder-box.  Here give it me. You 're not fit for work to-day. And how's the trout in Ravely Mead, John, this hot weather? You know you never kept your promise with me. Oh! you're a sad fellow! There! there's a spark! I wonder why old Toad didn't take the tinder-box. It's a very valuable piece of property, at least to us. Run and get me some wood, that's a good boy. And so white-footed Moll's past all recovery? Well, she was a pretty creature!  There, that will do famously," said Vivian, fanning the flame with his hat. "See, it mounts well! And now, God bless you all! for I'm an hour too late, and must scamper for my very life."

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 goodness upon the whole world by the wonted means and instruments, the same sun and moon, the same nature and industry, so to continue the same blessings upon this state and this church by the same hand, so long as that thy Son, when he comes in the clouds, may find him, or his son, or his son's sons ready to give an account, and able to stand in that judgment, for their faithful stewardship, and dispensation of thy talents so abundantly committed to them; and be to him, O God, in all distempers of his body, in all anxieties of spirit, in all holy sadnesses of soul, such a physician in thy proportion, who art the greatest in heaven, as he hath been in soul and body to me, in his proportion who is the greatest upon earth.

HEY have seen me and heard me, arraigned me in these fetters, and received the evidence; I have cut up mine own anatomy, dissected myself, and they are gone to read upon me. O how manifold and perplexed a thing, nay, how wanton and various a thing is ruin and destruction! God presented to David three kinds, war, famine, and pestilence; Satan left out these, and brought in fires from heaven and winds from the wilderness. If there were no ruin but sickness, we see the masters of that art can scarce number, not name all sicknesses; every thing that disorders a faculty, and the function of that, is a sickness: the names will not serve them which are given from the place affected, the pleurisy is so; nor from the effect which it works, the falling sickness is so: they cannot have names enough, from what it does,

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 nor where it is; but they must extort names from what it is like, what it resembles: and but in some one thing, or else they would lack names; for the wolf, and the canker, and the polypus are so: and that question, whether there be more names or things, is as perplexed in sicknesses as in any thing else; except it be easily resolved upon that side, that there are more sicknesses than names. If ruin were reduced to that one way, that man could perish no way but by sickness, yet his danger were infinite; and if sickness were reduced to that one way, that there were no sickness but a fever, yet the way were infinite still; for it would overload and oppress any natural, disorder and discompose any artificial, memory, to deliver the names of several fevers; how intricate a work then have they, who are gone to consult which of these sicknesses mine is, and then which of these fevers, and then what 1t would do, and then how it may be countermined. But even in ill, it is a degree of good when the evil will admit consultation. In many diseases, that which is but an accident, but a symptom of the main disease, is so violent, that the physician must attend the cure of that, though he pretermit (so far as to intermit) the cure of the disease itself. Is it not so in states too? Sometimes the insolency of those that are great put the people into commotions; the great disease, and the greatest danger to the head, is the insolency of the great ones; and yet they execute martial law, they come to present executions upon the people, whose commotion was indeed but a symptom, but an accident of the main disease; but this symptom, grown so violent, would allow no time for a consultation. Is it not so in the accidents of the diseases of our mind too? Is it not evidently so in our affections, in our passions? If a choleric man be ready to strike, must I go about to

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 purge his choler, or to break the blow? DBut where there is room for consultation, things are not desperate. They consult, so there is nothing rashly, inconsiderately done; and then they prescribe, they write, so there is nothing covertly, disguisedly, unavowedly done. In bodily diseases it is not always so; sometimes, as soon as the physician's foot is in the chamber, his knife is in the patient's arm; the disease would not allow a minute's forbearing of blood, nor prescribing of other remedies. In states and matter of government it is so too; they are sometimes surprised with such accidents, as that the magistrate asks not what may be done by law, but does that which must necessarily be done in that case. But it is a degree of good in evil, a degree that carries hope and comfort in it, when we may have recourse to that which is written, and that the proceedings may be apert, and ingenuous, and candid, and avowable, for that gives satisfaction and acquiescence. They who have received my anatomy of myself consult, and end their consultation in prescribing, and in prescribing physic; proper and convenient remedy: for if they should come in again, and chide me for some disorder, that had occasioned and induced, or that had hastened and exalted this sickness, or if they should begin to write now rules for my dict and exercise when I were well, this werc to antedate or to postdate their consultation, not to give physic. It were rather a vexation than a relief, to tell a condemned prisoner, You might have lived if you had done this; and if you can get your pardon, you shall do well to take this or this course hereafter. I am glad they know (I have hid nothing from them), glad they consult (they hide nothing from one another), glad they write (they hide nothing from the world), glad that they write and preseribe physic, that there are remedies for the present case.

title: Page:Devotions - Donne - 1840.djvu/165


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/22

 the role of ‘private attorney general’ * * *.” 353 F.Supp. at 1225. Such an award is now precluded by Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 95 S.Ct. 1612, 44 L.Ed.2d 141 (1975).

B. Costs.

VW and Subsidiary argue that the district court erred in awarding the plaintiff $5,955.92 in costs for counsel’s copies of depositions in contravention of a local rule of the district court which provided, with respect to deposition costs, that “[c]ounsel’s copies are not taxable.” Calnetics urges that the local rule was merely for the guidance of the Clerk of the Court and did not abrogate the district judge’s inherent discretion. Calnetics’ argument is foreclosed by Rio Grande Irrigation and Colonization Co. v. Gildersleeve, 174 U.S. 603, 608–09, 19 S.Ct. 761, 763, 43 L.Ed. 1103, 1105 (1899) (“ ‘A rule of the court thus authorized and made has the force of law, and is binding upon the court as well as upon parties to an action, and cannot be dispensed with to suit the circumstances of any particular case * * *’ * * *,” quoting Thompson v. Hatch, 3 Pick. 512, 515, 20 Mass. 512 (1827); accord, Weil v. Neary, 278 U.S. 160, 169, 49 S.Ct. 144, 148, 73 L.Ed. 243, 248 (1929).

Calnetics relies on Independent Iron Works, Inc. v. United States Steel Corp., 322 F.2d 656, 678 (9th Cir. 1963), which held that a “trial judge [has] the power to tax the expense of * * * depositions * * [because] such power is ‘implicit in 28 U.S.C.A. § 1920(2)’ * * .” Independent Iron Works is inapposite because the cost award there did not contravene a local rule.

The award of costs for counsel’s copies of depositions was error.

Distributor appeals from an order of the district court denying in part a motion to amend its answer. Distributor sought to add three counterclaims. The first counterclaim was against Calnetics for breach of warranty. The second and third counterclaims were brought against Calnetics, certain officers and directors of Calnetics, and certain employees of Distributor. (Both the second and third counterclaims involve identical parties.) Additionally, both the second and third counterclaims are based on the same allegations of fact: that Calnetics paid substantial sums of money to certain Distributor employees to induce them to use their positions to see to it that Distributor purchased all, or substantially all, of its air-conditioner requirements from Calnetics.

The second and third counterclaims differ as to the nature of the damages caused, the remedy sought, and the theory of liability. The second counterclaim alleges commercial bribery in violation of § 2(c) of the Robinson-Patman Act, 15 U.S.C. § 13(c). The second counterclaim alleges that this commercial bribery caused Distributor to continue to deal with plaintiff despite the inferior nature of plaintiff’s product, and that this caused Distributor to suffer damages in excess of $150,000, in lost sales due to customer dissatisfaction, damages to its good will and reputation, and costs in having to repair and remedy the defective products. The third counterclaim is based on state statutory prohibitions against inducing the breach of a fiduciary relationship. The third counterclaim seeks to recover the secret profits (i.e., the bribes) paid to Distributor’s employees, and exemplary damages.

The district court granted Distributor’s motion to amend in part, allowing the addition of the first and third counterclaims, but denying the addition of the second. The district court’s order does not explain its reasons for refusing to allow the addition of the second counterclaim.

Calnetics suggests several procedural reasons: the proposed amendment was tardy, would have caused undue confusion of the issues, would have caused undue delay. But these hindsight rationalizations are not convincing in light of the district court’s granting the motion to add two other counterclaims by Distributor, one of which (the third) would have posed the identical procedural problems.


text:
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Y God, my God, allow me a just indignation, a N holy detestation of the insolency of that man who, because he was of that high rank, of whom thou hast said, They are gods, thought himself more than equal to thee; that king of Araoron, Alphonsus, so perfect in the motions of the heavenly bodies as that he adventured to say, that if he had been of counsel with thee, in the making of the heavens, the heavens should have been disposed in a better order than they are. The king Amaziah would not endure thy prophet to reprchend him, but asked him in anger, At thou made of the king's counsel ? When thy prophet Esaias asks that question, Who hath divected the spirit of the Lovd, or being his counsellor, hath tavght him ? it is after he had settled and determined that office upon thy Son, and him only, when he joins with those great titles, the mighty God, and the Prince of peace, this also, the Counsellor ; and after he had settled upon him the spirit of might and of counsel. So that then thou, O God, though thou have no counsel from man, yet dost nothing upon man without counsel. In the making of man there was a consultation; ZLet ws make man. In the preserving of man, O thow great Preserver of men, thou proceedest by counsel; for all thy external works are the works of the whole Trinity, and their hand is to every action. How much more must I apprehend, that all you blessed and glorious persons of the Trinity are in consultation now, what you will do with this infirm body, with this leprous soul, that attends guiltily, but yet comfortably, your determination upon it. I offer not to counsel them who meet in consulta-

title: Page:Devotions - Donne - 1840.djvu/166


text: Vivian Grey/Volume 1/Chapter 2.12

title: Vivian Grey/Volume 1/Chapter 2.12


text:
Page:Devotions - Donne - 1840.djvu/167

 tion for my body now, but I open my infirmities, I anatomize my body to them. So I do my soul to thee, O my God, in an humble confession, that there is no vein in me that is not full of the blood of thy Son, whom I have crucified, and crucified again, by multiplying many, and often repeating the same sins: that there is no artery in me that hath not the spirit of error, the spirit of lust, the spirit of giddiness in it ; no bone in me that is not hardened with the custom of sin, and nourished and suppled with the marrow of sin; no sinews, no ligaments, that do not tie and chain sin and sin together. Yet, O blessed and glorious Trinity, O holy and whole college, and yet but one physician, if you take this confession into a consultation, my case is not desperate, my destruction is not decrced. If your consultation determine in writing, if you refer me to that which is written, you intend my recovery: for all the way, O my God (ever constant to thine own ways), thou hast proceeded openly, intelligibly, manifestly, by the book. From thy first book, the book of life, never shut to thee, but never thoroughly open to us; from thy second book, the book of nature, where, though subobscurely and in shadows, thou hast expressed thine own image; from thy third book, the Scriptures, where thou hadst written all in the Old, and then lightedst us a candle to read it by, in the New Testament; to these thou hadst added the book of just and useful laws, established by them to whom thou hast committed thy people; to those, the manuals, the pocket, the bosom books of our own consciences; to those thy particular books of all our particular sins; and to those, the book with seven seals, which only the Lamd which was slain, was found worthy to open ; which, I hope, it shall not disagree with the meaning of thy

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 blessed Spirit, to interpret, the promulgation of their pardon and righteousness who are washed in the blood of that Lamb; and if thou refer me to these books, to a new reading, a new trial by these books, this fever may be but a burning in the hand, and I may be saved, though not by my book, mine own couscience, nor by thy other books, yet by thy first, the book of life, thy decree for my election, and by thy last, the book of the Lamb, and the shedding of his blood upon me. If I be still under consultation, I am not condemned yet; if I be sent to these books, I shall not be condemned at all; for, though there be something written in some of those books (particularly in the Scriptures) which some men turn to poison, yet upon these consultations (these confessions, these takings of our particular cases into thy consideration) thou intendest all for physic; and even from those sentences, from which a too late repenter will suck desperation, he that seeks thee early shall receive thy .morning dew, thy seasonable mercy, thy forward consolation.

ETERNAL and most gracious God, who art of so pure eyes as that thou canst not look upon sin, and we of so impure constitutions as that we can present no object but sin, and therefore might justly fear that thou wouldst turn thine eyes for ever from us, as, though we cannot endure afflictions in ourselves, yet in thee we can; so, though thou canst not endure sin in us, yet in thy Son thou canst, and he hath taken upon himself, and presented to thee, all those sins which might displease thee in us. There is an eye in nature that kills as soon as it sees, the eye of a serpent; no eye in nature that nourishes us by looking upon us; but thine eye, O Lord, does so.

title: Page:Devotions - Donne - 1840.djvu/168


text:
Page:Vivian Grey, Volume 1.djvu/201

 "Who is that, Marquess?" asked Mrs. Million.

"That is Mr. Vivian Grey, the most monstrous clever young man, and nicest fellow I know."

"He does indeed seem a very nice young man," said Mrs. Million; for she rather admired Vivian's precocious taste for liqueurs.

I wish some steam process could be invented for arranging guests when they are above five hundred. In the present instance all went wrong when they entered the Hall; but, at last, the arrangements, which, by the bye, were of the simplest nature, were comprehended, and the guests were seated. There were three tables, each stretching down the Hall; the Dais was occupied by a military band. The number of guests, the contrast between the antique chamber, and their modern costumes, the music, the various liveried menials, all combined to produce a tout ensemble, which

title: Page:Vivian Grey, Volume 1.djvu/201


text:
Page:Devotions - Donne - 1840.djvu/169

 Look therefore upon me, O Lord, in this distress, and that will recall me from the borders of this bodily death; look upon me, and that will raise me again from that spiritual death in which my parents buried me when they begot me in sin, and in which I have pierced even to the jaws of hell, by multiplying such heaps of actual sins upon that foundation, that root of original sin. Yet take me again into your consultation, O blessed and glorious Trinity; and though the Father know that I have defaced his image received in my creation; though the Son know I have neglected mine interest in the redemption; yet, O blessed Spirit, as thou art to my conscience, so be to them, a witness that, at this minute, I accept that which I have so often, so rebelliously refused, thy blessed inspirations; be thou my witness to them that, at more pores than this slack body sweats tears, this sad soul weeps blood; and more for the displeasure of my God, than for the stripes of his displeasure. Take me then, O blessed and glorious Trinity, into a reconsultation, and prescribe me any physic. If it be a long and painful holding of this soul in sickness, it is physic if I may discern thy hand to give it; and it is physic if it be a speedy departing of this soul, if I may discern thy hand to receive it.

HIS is nature's nest of boxes: the heavens contain the earth; the earth, cities; cities, men. And all these are concentric; the common centre to them all is decay, ruin; only that is eccentric which

title: Page:Devotions - Donne - 1840.djvu/169


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/23

 We suspect that Calnetics approaches the district court’s actual reason for denying Distributor’s motion to add the second counterclaim when it argues in its brief:

"“As the District Court pointed out to * * * [Distributor’s] counsel at the hearing on the motion for leave to amend, the proposed second count (Robinson-Patman claims) failed to state a claim for recoverable damages. In its antitrust claim, * * * [Distributor] did not assert the kind of injury which has been recognized and for which damages have been recovered in ‘commercial bribery’ cases under Section 2(c) of the Robinson-Patman Act. * * * [Distributor] did not claim that it had been overcharged and paid excessive prices for plaintiff’s products by reason of the alleged secret payments, as was the case in Fitch v. Kentucky-Tennessee Light & Power Co., 136 F.2d 12 (6th Cir. 1948) * * *. And * * * [Distributor] did not and, of course, could not claim that it was precluded by a competitor from the market (in this case, itself) because of commercial bribery, as was the case in Rangen, Inc. v. Sterling Nelson & Sons, Inc., 351 F.2d 851 (9th Cir. 1965) [cert. denied, 383 U.S. 936, 86 S.Ct. 1067, 15 L.Ed.2d 853 (1966)].”"

If this is in fact the reason why the district court refused to allow the amendment (and we think it is), we believe that both the court below and Calnetics have taken too narrow a reading of the Rangen and Fitch cases as to the relief available under § 2(c).

Both Fitch, 136 F.2d at 15, and Rangen, 351 F.2d at 856–58, have held that § 2(c)’s application is not limited to situations of price discrimination, but also encompasses commercial bribery. In Rangen this court held:

"“With regard to the legislative history, defendants cite excerpts which amply demonstrate that, in enacting section 2(c), the prime concern of Congress was to curtail price discriminations accomplished by pseudo-brokerage arrangements. The Supreme Court, in Federal Trade Comm’n v. Henry Broch & Co., 363 U.S. 166, 169, 88 S.Ct. 1158, 4 L.Ed.2d 1124, noted this principal legislative concern. But, in a footnote (page 169), the Court also expressed the view that the legislative history demonstrates a Congressional intent to proscribe other practices such as the bribing of a seller’s broker by the buyer * * * [footnote omitted].

“This view is further borne out by the statement in the House Report, quoted below, indicating that Congress was concerned with preserving the fiduciary relationship between a broker and his client * * * [footnote omitted].

“* * *

“* * * In our case the bribery not only undermined a fiduciary relationship which Congress sought to protect, but gave one seller a grossly unfair advantage over a competing seller. Where commercial bribery is associated with evils which a particular provision of the antitrust laws was designed to prevent, the fact that it was bribery rather than a more defensible arrangement ought not to preclude application of the statute.” 351 F.2d at 856–57."

The alleged violations in the instant case no less involve the undermining of fiduciary relationships than did those in Fitch or Rangen. We hold that, if distributor is able on remand to prove that counterdefendants indeed committed acts of commercial bribery in violation of § 2(c), then the defendants ought to be allowed any damages proximately caused by that violation.

The district court erred in denying Distributor’s motion to amend its answer to add the second counterclaim.

VI. CONCLUSION.

The claims and counterclaims discussed above are remanded for further proceedings consistent with the views expressed herein.


text:
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 at the same time was very striking, and "in remarkable good taste."

In process of time, Mr. Vivian Grey made his entrée. There were a few vacant seats at the bottom of the table, "luckily for him," as kindly remarked Mr. Grumbleton. To the astonishment and indignation, however, of this worthy squire, the late comer passed by the unoccupied position, and proceeded onward with the most undaunted coolness, until he came to about the middle of the middle table, and which was nearly the best situation in the hall.

"Beautiful Cynthia," said Vivian Grey, softly and sweetly whispering in Miss Courtown's ear, "I'm sure you will give up your place to me; you have nerve enough, you know, for any thing, and would no more care for standing out, than I for sitting in." There's nothing like giving a romp credit for a little boldness. To keep up her character, she will out-herod Herod.

title: Page:Vivian Grey, Volume 1.djvu/202


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 "Oh! Grey, is it you? certainly, you shall have my place immediately—but I'm not sure that we cannot make room for you. Dormer Stanhope, room must be made for Grey, or I shall leave the table immediately;—you men!" said the hoyden, turning round to a set of surrounding servants, "push this form down, and put a chair between."

The men obeyed. All who sat lower in the table on Miss Cynthia Courtown's side, than that lady, were suddenly propelled downwards about the distance of two feet. Dr. Sly, who was flourishing an immense carving-knife and fork, preparatory to dissecting a very gorgeous haunch, had these fearful instruments suddenly precipitated into a trifle, from whose sugared trellice-work he found great difficulty in extricating them; while Miss Gusset, who was on the point of cooling herself with some exquisite iced jelly, found her frigid portion as suddenly transformed into a plate of peculiarly

title: Page:Vivian Grey, Volume 1.djvu/203


text: Page:The Chronicle of Clemendy.pdf/334

title: Page:The Chronicle of Clemendy.pdf/334


text: Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674)


text:
Page:Vivian Grey, Volume 1.djvu/204

 ardent curry, the property, but a moment before, of old Colonel Rangoon. Every thing, however, receives a civil reception from a toad-eater, so Miss Gusset burnt herself to death by devouring a composition, which would have reduced any one to ashes who had not fought against Bundoolah.

"Now, that's what I call a very sensible arrangement;—what could go off better?" said Vivian.

"You may think so, Sir," said Mr. Boreall, a sharp-nosed and conceited-looking man, who, having got among a set whom he didn't the least understand, was determined to take up Dr. Sly's quarrel, merely for the sake of conversation. "You, I say, Sir, may think it so, but I rather imagine that the ladies and gentlemen lower down, can hardly think it a very sensible arrangement;" and here Boreall looked as if he had done his duty, in giving a young man a proper reproof.

title: Page:Vivian Grey, Volume 1.djvu/204


text: The Chronicle of Clemendy/Epilogue

title: The Chronicle of Clemendy/Epilogue


text:
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 Vivian glanced a look, which would have been annihilation to any one, not a freeholder of five hundred acres. "I had reckoned upon two deaths, Sir, when I entered the hall, and finding, as I do, that the whole business has apparently gone off without any fatal accident, why, I think the circumstances bear me out in my expression."

Mr. Boreall was one of those unfortunate men who always take things au pied de lettre: he consequently looked amazed, and exclaimed, "Two deaths. Sir?"

"Yes, Sir, two deaths; I reckoned, of course, on some corpulent parent being crushed to death in the scuffle, and then I should have had to shoot his son through the head for his filial satisfaction. Dormer Stanhope, I never thanked you for exerting yourself: send me that fricandeau you have just helped yourself to."

Dormer, who was, as Vivian well knew, something of an epicure, looked rather annoyed, but

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text:
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 by this time he was accustomed to Vivian Grey, and sent him the portion he had intended for himself—could epicure do more?

"Who are we among, bright Cynthia?" asked Vivian.

"Oh! an odd set," said the lady, looking dignified; "but you know we can be exclusive."

"Exclusive! pooh! trash—talk to every body—it looks as if you were going to stand for the county. Have we any of the Millionaires near us?"

"The Doctor, and Toadey are lower down."

"Where's Mrs. Felix Lorraine?"

"At the opposite table, with Ernest Clay."

"Oh! there's Alhambra next to Dormer Stanhope. Lord Alhambra, I'm quite rejoiced to see you."

"Ah! Mr. Grey—I'm quite rejoiced to see you. How's your father?"'

"Extremely well—he's at Paris—I heard

title: Page:Vivian Grey, Volume 1.djvu/206


text:
Page:Vivian Grey, Volume 1.djvu/222

 it is not in a very good light, and it certainly is a very dark picture—by Hudson; all Hudson's pictures were dark. But if I were six inches taller, and could hold the light just there, I think your Lordship would be astonished at the resemblance; but it's a dark picture, certainly it's dark,—all Hudson's pictures were."

title: Page:Vivian Grey, Volume 1.djvu/222


text:
Page:A taxonomic revision of the Archipini of the Caribbean (Lepidoptera, Tortricidae, Tortricinae).pdf/7

Rh are figured with the exceptions of Argyrotaenia flavoreticulana Austin & Dombroskie, 2019; Argyrotaenia kimballi Obraztsov, 1961; Mictopsichia jamaicana Razowski, 2009; and genitalia of Clepsis peritana (Clemens, 1860). We were unable to locate the holotype of Mictopsichia jamaicana Razowski, 2009. Adults and genitalia of the remaining three species were figured in Austin et al. (2019).

DNA extraction, PCR amplification, and sequencing of the COI barcode region was performed at the Canadian Centre for DNA Barcoding (CCDB) and follow NGSFT protocols (Prosser et al. 2016). Despite the age of some specimens, complete COI barcodes (658 bps) were recovered for many species and partial barcodes (> 500 bps) were recovered for most others. These were used to associated sexes and help delimit ambiguous species complexes. COI-5P sequences and voucher specimen information, along with complete data records for all specimens examined are available in Tab 1 of Suppl. material 1.

Barcoded specimens for which a unique specimen identification number was not already present (i.e., an accession number) as a label or part of a label were affixed with an additional label with a unique identification number beginning with “KAA_DNA_” and ending in a four-digit number, as well as explicitly stating that a leg was removed for DNA barcoding. These “KAA_DNA_” numbers are synonymous with


text: Vivian Grey/Volume 1/Chapter 2.14

title: Vivian Grey/Volume 1/Chapter 2.14


text:
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 from him yesterday. Do you ever see the Weimar Literary Gazette, my Lord?"

"No;— why?"

"There's a most admirable review of your poem, in the last number I've received."

The young nobleman looked agitated. "I think, by the style," continued Vivian, "that it's by Goëthe. It is really quite delightful to see the oldest poet in Europe, dilating on the brilliancy of a new star in the poetical horizon."

This was uttered with a perfectly grave voice, and now the young nobleman blushed-"Who is Gewter?" asked Mr. Boreall, who possessed such a thirst for knowledge, that he never allowed an opportunity to escape him of displaying his ignorance.

"A celebrated German writer," lisped the modest Miss Macdonald, who was, of course, beginning German.

title: Page:Vivian Grey, Volume 1.djvu/207