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 he thought. Burnett had worked on Mary's dissatisfaction with his flattery, reaching the painfully accumulated savings in that ancient, but effective way. He reserved a humanitarian hope that some portion of the five thousand dollars had been withheld, yet doubted it, from the increasing volume of the widow's lamentations.

It was not his affair; he had done all he could to prevent the loss. Secretly Burnett had wormed into the hoardings, and with equal secrecy Mrs. Charles had yielded to Mary's importunities. Let her howl. Maybe it would do her good. He returned to his book, but was unable to fasten his mind on the theme, Mrs. Charles' sobs and wild outbursts shattering the tranquillity of the heat-burdened day.

Annie came running over presently, woe in her face, imploring the doctor to do something for her mother, who was going crazy over her loss, she said. While Hall knew time was the only doctor that could do Mrs. Charles any good, he took his case and went with Annie.

Mrs. Charles had reached a resolution to start out after Burnett, deaf to the pleas of Mary and the more sensible argument of Annie that she did not know where he was, that nobody knew. When Hall entered the kitchen Mrs. Charles was standing in the middle of the floor, weaving from side to side, restrained by Mary in her preparations for pursuit. She had put her—aac on over her disordered hair, and was holding ber shoes in one hand, her corsets in the other. She was reduced by that time to a sort of dumb determination to go and find Burnett and cut his heart in strings. She had laid out the biggest butcher knife in her kitchen, ready to snatch it up and rush away on her terrible mission of vengeance, which

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 would not have been all sound and fury, indeed, if Burnett had been available to her hand.

Dr. Hall gave her something in a glass that was black and bitter, bad-tasting enough to make her think it had a rectifying effect upon disordered senses whether it possessed that virtue in any degree at all. He influenced her to lie down, but that was such an unusual posture for her by daylight she could not endure it. She was up within an hour, pushing preparations for the evening meal, knowing very well that railroaders must be fed, let fortunes rise and fall as they may.

When the jerries came in for supper Mrs. Charles was calmer. She was going about her business with a wet towel around her head, her eyes red, her face swollen from much weeping. That was a very assuring state, Dr. Hall believed. The tear ducts are the safety valves of the burdened soul. The copious weeper is the one who easiest forgets.

Before that hour the news of Burnett's blow-up had gone over town. The county attorney had been asked to issue a warrant for him by representatives of Kansas City banks. Burnett had not been seen in Damascus for a week or more, nothing unusual in his active life. By the time the warrant was put in the sheriff's hands the spectacular cattleman had a start that was hopeless to overcome.

Gloom was heavy over the boarding-train that evening. Jerries sat along the shady side smoking after-supper pipes, talking in low tones, rolling sympathetic eyes toward the kitchen, nodding grave heads. Herself was in the deep waters of trouble; the jerries' hearts went out to her like life-buoys thrown from a wave

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 washed deck. But it was also as if these friendly-cast buoys were anchored by lines too short to reach their object, Herself being overboard in a sea so troubled that silent sympathy and spoken cheer alike were ineffectual to lift her head above the waves.

Herself had been robbed, duped, stripped of her hard years' earnings by the most despicable scoundrel that ever operated on earth since the days of the serpent in the garden who wheedled the first frail lady of them all out of man's birthright of ease. Herself had traded off her good gould money for less than the trivial fruit the first woman to attempt barter received. Herself had not come out of the transaction with as much as a prune.

It was nothing to the jerries that Burnett had gone off with a million and a half of dollars borrowed through fraud from Kansas City bankers; with Jim Justice's hard scrapings through a long, close-dealing life; with a bit here, a little there, out of many a poor man's pocket in Damascus; with Little Jack Ryan's savings, and all he could gather by a bold front and alluring representations from everybody that ever called him friend.

All that larger and equally heartless robbery did not move the jerries. They would have passed it lightly, with maybe a laugh at Little Jack Ryan, who was not considered a regular railroad man, but rather a hanger-on at the heels of trainmen and station agent, and other weaklings who never had felt the feel of a shovel in their fists.

They would have admired Burnett a little for his shrewdness, perhaps, if his sly planning and gathering for this big day of defalcation had not involved Herself, bringing her to such misery, such weeping and wailing,

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 and rushing about with hands in her hair as if she would leap out of her door in a frenzy of despair and fling her life away under a train.

Burnett's plan had been so simply dishonest in its intention as to make its success all the more astonishing. He had made a big front, with his cowboy band and handful of diamonds, before the bankers, who are about as gullible as anybody else, it often appears, if played with the right sort of bait. These sharp fellows, who would have given a cold eye to an honest grocer unless he could have piled up convertible securities to twice the amount of the loan desired, had Ient money freely on Burnett's herds.

These herds it was now revealed, were neither as numerous nor as large as had been represented. By quick shifts of cattle from range to range, Burnett had placed as many as three mortgages on a single herd.

All this came out when the young men sent to the range by the bankers, whose suspicions had been roused at last, no man knew how, got together and compared paper and looked at the security. It was the biggest fraud ever put through in the history of the livestock business on the western range. It had been so simply crooked from the very start that the duped bankers connived in the fraud as accomplices after the fact to the extent of trying to smother the news and choke off further revelations, fearing public confidence might weaken and bring them down to ruin.

It was said the bankers knew where Burnett had gone, but were the last people on earth to want him back. They would rather absorb their loss than have their simplicity revealed in the story Burnett could tell.

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was hit between the eyes by Burnett's big flop. He had been a sort of institution, a notable property in the town's assets. The town and the man now would be linked in the public thought like handcuffed prisoners, both equally disgraced, no matter for the entire innocence of one. The monetary loss was incidental, but their pride suffered a terrible jolt.

Several small banks in the range country which held Burnett's paper went out like popped peanut bags. In the midst of these financial funerals Judge Waters, president of the Damascus bank, walked about in his gander-like dignity, his lean figure and flabby vest not distended the thickness of a hair, for all the satisfaction that was in him and the public praise that attended his steps. Burnett never had been able to borrow a dollar at the Damascus bank; his paper found no market inside Judge Waters' door.

Out of regard for the disordered state of her soul, Dr. Hall avoided Mrs. Charles' table for his evening meal the day the big news broke. He was sorry for Mary, although the bold-tongued creature was undeserving of any sympathy, he knew. It would seem rather ungallant, he considered, to appear in the elation of justification before Mary, remembering her sharp words on the day he advised against the investment.

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 Hall took his medical case along to give the desertion a color of excuse, went to Pink Fergus' many-sided place of business and dined satisfactorily on fried chicken, which Pink cooked after the Indiana style, not surpassed in the culinary prescriptions of the earth.

Pink was full of gossip about the town's tragedy. She had not been caught, but Old Doc Ross had lost five hundred dollars. He had changed to his drinking clothes. When he was on a bender he didn't eat, she said. He had gone two weeks at a time and never shown his face inside her door for as much as a cup of coffee.

Pink reported Jim Justice rippin' and snortin', parading around with his old cap and ball gun buckled on, telling what he would do if Burnett ever showed his face above the rim of the earth again. Kraus had lost something, and was morose and glum; the lumberman had been pinched, and served him right, in Pink's opinion. She catalogued all the losers, with the amounts set opposite their names, with comment that would not have been a very soothing salve to the victims' pride if they had been by to hear. Pink had not been comforted by much charity in her life as she had gone her rocky way; she was giving as she had received.

She was sorry for the woman and two little children Burnett had left behind, as only a woman who has suffered humiliation and pain and shame at the hands of a man can feel for another left alone and unfended, shuddering naked in her misery before a sneering world. Hall never had seen Mrs. Burnett, not having been called in when the latest heir to this paternal disgrace arrived. Pink said she was a scared, pale, little woman, all eyes, with an old way about her, although she was very young.

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 Burnett had finished the house he had left her in but a few weeks before. It was a conventional cattleman's house, with a cupola and turned posts in the porch, the date of its construction and the owner's name painted in white against the green roof, where it could be read from passing trains.

Hall did not have any more sympathy for the losers in general than Pink Fergus, sheltered under her bob-tailed iran-gray hair, with her row of artificial bangs, somewhat younger, pinned on in front. He was aloof from the turmoil and concern, an outsider who had come hopefully looking for his chance in that country west of Dodge, and had not found it. He was about confirmed in the belief that there was no chance for a man there, as the old-timers had said, except it might be a rogue's chance, such as Burnett had played.

Next morning the Kansas City papers arrived, giving the story of Burnett's downward plunge from his high importance. The amount he had managed to get away with was only speculative, the bankers having shut up tighter than canned beans. Detectives had followed the fugitive to Mexico, where he was insolent and defiant, there being no treaty between the two nations in those days covering his offense.

That same morning Pete Farley's car was set in on the siding at Damascus. Out of it a company of engineers descended and began surveying the site for a roundhouse and the long-promised shops. Compensation came to Damascus that way, close on the heels of its disaster.

Before the day was over other cars were set in: a steam shovel and a piledriver, with men to manipulate them.

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 Justice had his hotel full of these new workmen, of a class strange to that town. The importance of Damascus had more than doubled overnight. It was equal to a rain and cool wind to the despondent spirits bent down by the plundering they had suffered at a respected citizen's hands.

Little Jack Ryan stopped at Hall's office that afternoon, carrying two switch lanterns in each hand, his corncob pipe in the slit nature had provided for that purpose. His big chin was blue with close-cut stubble, as it always appeared the first few hours after shaving. By the next day it would be darker; after that, quite black. Dr. Hall could tell within five hours of Jack's last shave by the color of his chin.

Jack put the lanterns down, sighing in his way of weary oppression, wiping his forehead as if he had been relieved of responsibility for at least that division of the railroad for a little while. There was a satisfied twinkle in his sorrowful eyes, a cheerful look in his face for a man who lately had stood a loss so heavy.

That was the first visit Jack had made to Dr. Hall's door since the news of Burnett's plundering had reached Damascus. Jack had dodged meeting the doctor, skulking around as if ashamed of his simplicity in being so easily misled. Whatever his feelings had been, he appeared to have overcome them. He was his confident, well-satisfied self again, proud of the oily job he had, although ready to disparage it and chant of its hardships at every chance.

"Well," said Jack, "the caark blowed out of 'er."

"Pretty much of an explosion, they say, Jack. But you don't look very sad for a ruined man."

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 "I guess I can pocket me loss and be wiser. It's not so hard on me as some of these poor fellys that has nothing, not the big-innin' of hardship compared to the loss Herself has to bear. The poor soul, puttin' her all into the blarneyin' felly's pot, and him savin' it up for the day he had planned to roon off with it like a dog with a bone. I have a praperty any day I'm ready to give up me job and go to it."

"Lucky man, Jack! Has somebody left you a farm?"

"Me woman, you know, she's Injen. She has land over in the Nation. It's good land, it has ile innunther it, the whole of it the gover'mint has set aside for them Creeks has ile innunther it. One of these days, when ile takes a stir and comes to be wort' money in place of bein' an ixpinse to dhrill it out as it is now, we'll go down and take our land."

"No wonder you're not worrying, you old millionaire!"

Jack was pleased at the compliment, as a poor person invariably is flattered by being rated above his means. There is something peculiarly pleasant to the average mind in these misapplications of financial ratings and designations of consequence. There are laymen who distend and grow warm around the gills when somebody mistakenly calls them doctor. A gas-meter reader has been known to set his hat at a different angle all the rest of his life after having been mistaken for a newspaper reporter.

"It was a knock that took me wind for a while," Jack confessed. "I've been a careful man, I've never put me arnins on the gamin' table. So along comes this man with the gift of gab on his tongue, pourin' his handful

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 of glittherin' glass—I can't belave, for me soul, they were diamints any more—and careful old Jack's money is charmed out of his hand like a bird flyin' to a whussle. Well, a hoondred days is a hoondred dollars, as the old jerry said. I can make it up if I live long enough, barrin' the ile farm I'll retrate to when I'm old and stiff."

"Some of the lads in town are hard losers," Hall said. "Kraus is as blue as a mackerel, and Old Doc Ross has gone on a tear to pickle his sorrow."

"There was some n'ise comin' out of the boardin'-train, too," Jack said, without much sympathy for those who scoffed at his oily job. "She sounded like the keeners I used to hear when I was a b'y in Ireland, howlin' over the dead."

"She lost five thousand dollars, all her savings for years," Hall said, rebuking Jack for his unfeeling words.

"Sure," said Jack cheerfully; "sure she did. I got the accoutremints of it down to the other ind of the yaard. Of course, a woman would tear on about it where a man would hide his head in the ile-house out of shame for bein' so aisy. I'll own to you, Dochter, I was groanin' in me soul till the joke of it struck me. Then I put out me chist and laughed. I've been laughin' ever since the p'int of the blarneyin' felly's joke struck me brain."

"This town is notable for its jokers," Hall said, greatly interested in this view of Burnett's roguery, "but I'll bet a brass dollar you've got it over the funniest man in town if you can see the joke in that."

Jack filled his pipe with a viscid, black, repellent mess of tobacco that he took out of a paper pouch, cramming it down with his oily thumb, winking his eye knowingly,

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 his head tilted a little, a grin on him in the relish of his own shrewdness and the p'int of the joke he was hiding, to be revealed in his own comfortable way.

"Ye'll remimber," said Jack, puffing hard to get her going, taking her up a link, as the railroaders say, after a little, proceeding at ease; "ye'll remimber the promise Burnett made to us, the thing that caught us be the tails and puhlled us in. That was, on the oath and honor of him, he'd turn every dollar we invisted along of him into two, come Christmas or before."

"I remember."

"Sure you do. He's done it; he's made good on his word. But little good it'll do me and the rest of them."

"How do you mean he's made good on his promise to double your money, Jack? I don't get the joke."

"No," said Jack, easily. "I've not come to it. You saw in the papers the man's gone to Mexico?"

"That's what they say."

"So he's made good on his promise to turn every dollar into two," Jack declared. "In Mexico every American dollar is wort' two of the kind they have in that place. So, you see, Burnett had it in mind all the time to do it. That was the joke the sly felly had up his sleeve to shake out on us like a mouse."

With the appreciation of a true humorist, Jack did not weaken his joke by enlargement or further comment. He gathered up his lanterns and went on his business, his rolling, comfortable waddle indicative of a mind at ease.

Hall looked after him with a respect and admiration he never had felt for the oily philosopher before. That was a heavy loss for Ryan, let him cover the hurt of it as he would under his prospect of coming into a kingdom of

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 oil by and by. Ten years of hard savings, at least, were contributed to the making of Burnett's joke by the oily hand of Little Jack Ryan. If an appreciation of humor could save a man's spirits and prop up his courage in a crisis like that, then appreciation of humor ought to be made a course in every college in the land.

There was something more than humor behind Little Jack Ryan's twinkling eyes and sly grin. It was the result of a life out on the edge of things that the man had lived so long; a life where all things come hard, its tragedies sudden and appalling, its rewards so scant as to be in the main despised. Life itself was its own reward to a man who had spent so many of his years on the bare edges of the world. If he came through the day with that, rounded out the year with nothing more, he counted himself a winner, and was glad.

Ryan's interpretation of Burnett's big joke had gone out through some chink, and spread over town like a cupful of the lamp-tender's oil by evening. It was such a rare joke, in the opinion of Damascus, that the town appeared to take it as full compensation for the loss and humiliation it had felt so harshly before.

Jim Justice stopped at Hall's office to tell it, as something springing out of his own deep well of humor; the lumberman stopped him on his way to the livery barn, to give his version of it, and pass it along as a bit of sardonic comedy that had sprouted between the crevices of his close-planked business mind.

Kraus was looking brighter than Hall ever had seen him. He came weaving up in his bearish gait while Hall was saddling his horse to give it a little exercising jaunt, pulling his long yellow face apart in a grin. He repeated

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 the joke in his way, with his unavoidable vulgarisms, taking credit for it as originating out of his own cogitations and profound horse sense.

As Hall rode through town, heading into the sunset, groups of lesser humorists whose standing in the community was not sufficient to give them any credence for originality, were smoking their after-supper pipes and having their laugh over this funniest thing that ever happened in that famously funny town. These waved friendly greetings as Hall trotted by. The women and children had caught the point of the tremendous joke; trills of laughter sounded from groups of them as they stood talking over fences, many of them looking up to flip little greetings as the railroad doctor rode by, his horse's feet plopping up little spurts of dust.

Hall rode on, passing the gray sod house with its blinded windows, a gust of sadness, a pang of loneliness, bending down his spirits like snow upon a bough. He stopped at the crest of a hill, miles beyond Damascus, when dusk was deepening. The sun had gone down in clouds; there was a range of them, standing across the background of that shadowy, gray land, the rosy afterglow on their summits, cold, deep canyons on their nearer side, where lightning leaped, so far away across the sweep of unobstructed plain their thunder was not even a murmur in the silence of sinking day.

Back there the town lights were twinkling from the windows. There were so many more of them, he reflected, than when he came to the country west of Dodge only a little while ago. It seemed as if the seed of light must have been blown up by the southwest wind, and sown on the naked prairie. Those people had been

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 building in their confidence of the town's future since the county seat was made secure. A framework would rise one day, a family would be sheltered there the next.

They were laughing away their losses down there in town this evening, an excellent way to adjust them if people had the heart. It had something admirable about it; they must have heroic qualities which he had not seen beneath their commonplace. He had not given them credit for so much originality, or such a peculiar courage.

It had seemed more comfortable to him passing through town that evening than ever before. In the past he had gone about with a certain degree of constraint, self-consciousness, in spite of his sublime egotism. He always had been attended by the feeling that they were laughing at him, holding him to be a kind of exclusive fool. Had he been wrong? Or had they come down to this public confession that they were just about as big fools as anybody, and admitted him unreservedly to their fellowship by the act? It was inexplicable, but he had felt a friendliness surrounding him, following him, that evening that had made him feel at home for the first time in Damascus.

Strange, he reflected, as he rode slowly back to town, a cool wind from the mountain-range of clouds attending him like one of his new-found friends. Could it be that he had made his place there, that his chance was opening before him in the country west of Dodge?

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was blooming when Elizabeth came back. Its plumes along the roadside were dusty and its stature stunted, yet it stood there fringing the gray highway in friendly proximity to passing wheels, being a companionable herb, always crowding closely after man in his trodden ways.

Elizabeth had written frequently while away, postcards, with pictures of distant places on them, sent off in haste as she lighted now and then like a migrating bird. The last of these had come from Montreal, and there had been no answering it, as in the case with many of the rest. Dr. Hall had written a few letters, in leisurely, lightsome, gossipy stride, for which he had been thanked briefly, yet warmly enough for the public eye, in scrappy little scrawls.

In that way Elizabeth had kept up with home news pretty well, but it was an astonishing revelation to her when she and her mother came home that autumn morning when the golden-rod was blooming by the calm Arkansas. There was not much water in the river at that season, it is true, but it was bigger even at that low stage than the Bendemeer, and far more worthy a song.

The roundhouse was finished; it was stabling several road engines that day, grimy young men grooming them with large bunches of greasy waste. Close beside it the

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 new shops were taking form, and up and down Custer Street steam rollers were at work smoothing the first asphalt pavement laid down in the country west of Dodge. Damascus was making the road straight and smooth for Prosperity. It did not want her to stumble on her way to the court house square.

But these were only minor wonders compared with the greater civic and moral improvement that had taken place. Owing to a disagreement on the ethics of bribery with the proprietor of the White Elephant, the county attorney had closed the joint. Its bar was out, its sign obliterated, its swinging doors removed. An active young Jew was putting what he called a racket store in the place. It was neither a music nor hardware store, as the name might imply, but a place where everything for household comfort and feminine adornment was offered at red-letter prices.

The single-barreled sports and ten-cents-ante gamblers were gone, for they belong to a genus that dries up like frogs in a drouth where there is no smell of sour beerkegs at the side-door entrance. Jim Justice had painted the West Plains Hotel and was building a wing to it, in a fair way to recoup the fortune the arch-joker of Damascus had pilfered from him through that incomparable jest.

Hall met the ladies at the train, flanked by Kraus, who had come over with a rig to take them home. Mrs. Charles, from her kitchen door, espied the group as the long passenger train cleared the station. She waved her hand in the high-sign of railroad free-masonry, supplementing it with a hearty hail. Elizabeth, remembering her sustaining kindness in her tragic hour, darted across

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 the rails, up the kitchen steps, embraced and kissed her with a warmth that moved an envious pang in the railroad doctor's breast.

Mrs. Cottrell stood marveling at the change a few weeks had made in her bare and uninteresting town, glowing with the pleasure of justified faith.

"They're leaving to-day!" Elizabeth announced, dashing back again to the station. There was something near to consternation for a personal loss in her disappointed tone. "Isn't it a shame, just when the town's taking a start!"

"Who's leaving, Lizzie?" Mrs. Cottrell asked, mildly astonished at this display of feeling.

"Mrs. Charles and the jerries," Elizabeth replied, regretfully.

"Oh," said Mrs. Cottrell, a bit loftily.

She had not been able to overcome her original prejudice against railroaders, lady railroaders who lived on wheels in particular. In her eyes Mrs. Charles had broken caste in putting her arms around Elizabeth on the court house steps that day. It had been a well-meant, but unwelcome, intrusion across that military line of social superiority which an officer's wife holds as sacred as an altar in a holy place.

"I'm going to run down to say good-by to her and the girls," Elizabeth announced, "just as soon as I help you up with this stuff."

Kraus was standing by, ill-favored, slouch-shouldered, insolently impatient of the delay, the stuff mentioned lying around him knee-deep in the form of bags and bundles.

"Let's be getting on then," Mrs. Cottrell suggested.

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 "Mr. Kraus is about out of patience with our dallying. Shall we see you again, Dr. Hall? or are you going on with these—are you moving, too?"

"Yes, I'm moving," Hall replied, not very warmly, as if confirming heavy news.

"Going to quit us, now we've got a start?" Elizabeth challenged him sharply, as if she questioned his courage, after all. "Why, it's your town, you saved it, you made it what it is. It never would have amounted to a whoop if they'd got hold of the records that day."

"You give me entirely too much credit, Elizabeth," he replied, flushing under her praise. "I'm moving, but I'm not going on with the train. I have other plans."

"We'll always have a deep interest in you, Dr. Hall, for your great loyalty and help to us in our most trying hours," Mrs. Cottrell said. "I wish you to remember that, wherever you go. If it were possible we'd have you up to dinner this evening, and hear your plans for the future. But"—a gesture of disparagement—"there'll be dust a foot deep all over the house!"

"I couldn't think of straining your hospitality to that point," Hall returned. "You'll have enough to do without being burdened by a voracious guest. I'll be pretty busy myself to-day—just grab a bite on the run."

Kraus had put the luggage in the dusty phaëton. He was climbing to his seat now as if he intended driving off without his passengers, apparently groveling in his soul with the humiliation he felt in serving them at all. There are people such as Kraus to be found everywhere in this land of the free and home of the knave, who have no other means of showing their equality save by insolence.

"But where are you going?" Elizabeth inquired, help-

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 less emptiness in her voice. It was as if she had put out her foot to step on a familiar stone and found it gone.

"Maybe I'll see you when you come down to say good-by to Mrs. Charles?" he suggested. "They'll be pulling out in an hour or so. She's going to serve dinner on the new switch."

"I'll lope right back, then," she promised.

"Do," he urged her. "But you'd better hop in, or Kraus will drive off and leave you."

"You'll tell me what your plans are then?" she pressed, lingering a moment on the edge of the platform.

"I'll tell you everything I know," he assured her, with the easy extravagance of one whose treasures did not amount to much.

Elizabeth came hurrying down Custer Street as the work-train engine was coupling to the boarding-cars to pull them out to the switch Bill Chambers had laid to receive them several miles beyond Simrall. Hall was over at the kitchen door, having his parting words with the ladies on wheels. Elizabeth made a spurt of it for the finish, running like a schoolgirl, her knees knocking her skirts, her light feet flung high.

She arrived red and panting from her run, broad-brimmed sombrero in her hand, her hair flying, but triumphant as a winner in a race. She had changed her dress, Hall noticed, for one better designed for walking—a short serge skirt with white waist, which made her look very airy and independent. She had time for only a word with Mrs. Charles and the girls, and a handshake reached up and down from the kitchen door.

Elizabeth and Dr. Hall stood looking after the boarding-train as it pulled away from the town whose pros-

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 perity it had nurtured in the days when business was young and uncertain there. Mrs. Charles and her daughters waved from the kitchen door until the train whipped out upon the main line, shutting them from sight.

"Well, they're gone," she said.

"Yes, they're gone."

They started back across the track to the boxcar office, going slowly.

"You'll have nothing to stay for now, of course," she said, not conclusively, but with a tinge of upbraiding to her words.

"Oh, I don't know," he returned flippantly, looking at her with a side-long grin. "What are your designs on the future, if you'll let me ask? Judge Waters tells me the county wants to buy the site where your house stands, to build a union high school."

"Yes. Mother thinks it's the best monument father could have—they'll call it the Cottrell High School—and I agree to it. Is Old Doc Ross gone? I noticed they've moved his office a hundred feet or so from where it used to stand, and are digging a foundation for a building or something there."

"Yes, Ross has gone to Oklahoma. He had his eye on it for some time, he told me. We got to be pretty close friends, after all our bad start."

"You did?"

"Nice old chap when you got to know him—that is, kind of nice in some ways. He hitched up to his fits wagon one evening and drove away. I was rather sorry to see him go."

"Has another doctor taken his place? I didn't see any name on his office."

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 "Yes, another doctor bought him out."

"Who?"

"I don't think he amounts to much," he replied evasively.

"But who is he? What's his name?"

"I wish I had a chair to offer you," he said, as they drew up under the canvas awning that Little Jack Ryan had stretched, "but I haven't. The one I had was borrowed from Mrs. Charles."

"I'm only going to stay a minute—it doesn't matter. So somebody bought Old Doc Ross out? I've always hoped it would be you. Have you met him?"

"Why, no; no, I can't say that I ever have met him."

"I always hoped you'd see your chance here—it was coming all the time. I saw it a long way off. Didn't I tell you?"

"Yes, Elizabeth, you told me. You said I'd have to go out after it with a gun, and I told you that wasn't my style."

"You'd better have done that than let it get away," she reproved him. "Who grabbed it? What's the new doctor's name?"

"Fellow by the name of Hall," he replied, looking slyly at her across his nose.

"Good boy! good boy!" Elizabeth applauded, swung off her feet by the unexpected news.

She held out her hand to congratulate him on his bare-handed capture of a man's chance, fleet game that galloped so swiftly across that changing country west of Dodge.

Dr. Hall held her eager warm hand a moment, smiling down on her in paternal, indulgent kindness. He was

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 pretty well satisfied with himself just then, as he had not counted on the pleasure of making a revelation to Elizabeth. Kraus would have told them on the way out, he had thought, putting some tag of disparagement to the news in his cross-grained, intolerant way.

But it was news to Elizabeth; pure, first-hand news. He swelled in his satisfaction of that fact, rather than his accomplishment that made it possible, bending his flexible, silent soles, wrinkling his nicely polished shoes as he hoisted himself like one of those monstrous freaks who go up in jerks and lower their stature in jolts, sometimes seen in a circus side-show.

"And you're just moving up-town, you're not going away, you're not the railroad doctor any more?"

"Yes, I'm still the railroad doctor, but that's only incidental to being the Damascus doctor. That hole you saw them scraping out in the square is for the foundation of my hospital. It's going to have thirty beds."

"Fine business!" said Elizabeth, glowing like a sunflower.

"I'm to take care of all the railroad business on the division west of Dodge. I'm going to make a little green park around the building, and plant some cottonwood trees.

"I couldn't see you leaving," she said gently.

"And I tried to make myself believe, perversely, you'd never come back. You'll be building when you sell your house?"

"We've been planning quite a while on a site near Judge Waters' place."

"I remembered your earnestness when you said this was home, but there seemed so little, at times, for any-

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Author:George Henry Warner

Editor

 * (1896 in 30+ vols.)
 * (1910) with Charles Dudley Warner, Hamilton Wright Mabie and Lucia Gilbert Runkle

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 body to come back to here. I said you never would come; but I planned in the expectation that you would."

"You know what it is now that takes hold of you and twists around you and ties your heart here, like that little yellow weed the children call love-vine. It was born in me, but it gets everybody worth having that stays around in this country a while."

"There may be some subtle, romantic thing like that, Elizabeth, but I think what got me in the end was nothing but a laugh."

"Don't be foolish," said Elizabeth, lifting her eyes in mild correction of what she thought untimely levity.

"Not at all," he denied. "They laughed at me when I first came here, and kept it up the deeper this love-vine business of yours wound round me and tied me up in the town's troubles. Town's troubles! They weren't the town's troubles after I mixed in them. They stuck to me like tar and feathers, they became solely and peculiarly mine. I didn't like that side-stepping of responsibility in the first case. It struck me like a fish thrown in my face, but when they turned around in the end and laughed longer and louder at themselves than they'd ever laughed at me, I began to thaw out and grin with them. That was a spirit I hadn't given them credit for; it was a nerve I could admire.admire." [sic]

"You mean the Burnett joke that started with Little Jack Ryan? Well, you can search me! I couldn't see anything funny in that."

"Of course not, being away. I couldn't convey the subtle humor of the situation in a letter. You had to be on the spot to get the flavor of that joke."

"And a grin's got to be greater than a gun in this

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 country west of Dodge," Elizabeth said. "Well, I don't care how you won out or were won, I'm glad you're going to stay. I wish I were a doctor, or a nurse, so I could help you with the hospital."

"There's a place for you, Elizabeth," he said, his stature growing two full inches, his chest distended by a long inspiration as he balanced on his toes a moment, straining as if to see over the white-blotched hills across the Arkansas, where his wise, kindly eyes were fixed. "There is a perfect place for you, Elizabeth. That was included in the plan before I began to build; that was the very foundation of it all."

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482

Herbs or shrubs, rarely small trees. Lower leaves usually opposite, upper alternate, or all opposite oi' all alternate; stipules wanting. Flowers generally irregular, hermaphrodite. Calyx inferior, persistent, 4-5-toothed or -lobed, sometimes of 5 free sepals. Corolla gamopetalous, hypogynous, commonly 2-lipped but sometimes almost regular, 4–5-lobed; lobes imbricate in bud. Stamens inserted on the tube of the corolla, either 2, or 4 in 2 pairs, 2 long and 2 short (didynamous), sometimes the rudiment of a fifth stamen is present or rarely all five are present and perfect; anthers 1–2-celled, cells distinct or confluent. Ovary superior, 2-celled; style simple; stigma entire, 2-lobed or 2-lamellate; ovules usually numerous in each cell, anatropous or amphitropous, placentas afifixed to the septum. Fruit a 2-celled many-seeded capsule, rarely an indehiscent berry. Seeds small, generally numerous, various in form; albumen fleshy, seldom wanting; embryo straight or rarely curved.


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Page:Complete Works of Count Tolstoy - 13.djvu/380

 prehend what is meant by the statement that grace is necessary for salvation, and that man cannot be saved by good works without the sanctification through sacraments. Without the teaching about the sacraments a man will strive to become better. According to the doctrine of the hierarchy that is not necessary; what is needed is nothing but grace. To seek grace means to seek the sacraments. To seek the sacraments means to accept the sacraments from the priest. The concluding words of this article are important, because they strikingly confirm the proposition which I have enunciated that the dogma of redemption is one of the foundations of the sacerdotal institution, of the hierarchy:

“The reestablishment or redemption is nothing but the reduction of man to his original condition, in which he was before the fall. But before the fall man was actually innocent, righteous, and holy. Consequently it is necessary for him through this reëstablishment to return to precisely the same condition. In other words, if those who are reëstablished, or justified, remain as before in sin, without righteousness or holiness, and receive only a remission of sins, and externally cloak themselves in the righteousness of Christ, there is in that case no reëstablishment properly speaking, and it is nothing but a phantasm or a seeming reestablishment.” (p. 297.)

Reëstablishment is man’s elevation to the former state of innocence. Redemption, according to the assertion of the hierarchy, has done that. But the hierarchy itself sees that nothing of the kind exists: redemption has done nothing of the kind. In what, then, is this reestablishment to be assumed? It is impossible to recognize that the reëstablishment consists in this, that actually good men, having learned the law of Christ, do more good than evil, because in that case only good men would be redeemed, and bad men would be in perdition. Nor is it possible to assume that the bad men are no longer bad,


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 substance of things hoped for, the evidence of things not seen, and a correct understanding about God.” The same it is understood by all men to be. We perish in this life without the knowledge of God,—faith gives us salvation. All the works of salvation are by that very thing good works, and all good works are good only because they are works of salvation, which result from our knowledge of God, that is, from faith. Faith is not exactly inseparable from good works, but is the only cause of good works; but good works are inevitable consequences of faith. Consequently, it would seem impossible to ask which is more important: faith or good works? that is the same as asking which is more important, the sun or its light? And yet precisely such a division has been made in consequence of having given to faith a false, narrow definition, not of faith, but of trust and obedience.

The separation of faith from works, and the comparison between them, show clearly that by faith is understood something different from the definition given by Paul and by the Eastern Patriarchs, and from what the word itself means, but what it signifies here is what the Eastern Patriarchs say in another place: “We believe as we are taught to believe (Section 10).” It is evident that in Filarét, as well as in all the theological works, by faith is meant only an external agreement with what theology preaches, and this mere agreement is regarded as necessary for sanctification and salvation, and so we get here a definition not merely of faith in general, but at the same time of what men ought to believe in, and an explanation that he who believes will get great advantages, and he who does not believe will fare badly. Before this, in the exposition of each dogma, there was an exposition of the dogma, say of God, the Trinity, redemption, the church, and the causes which led us to that faith were adduced, but nowhere was it said that it was necessary to believe and that it was profitable to believe. But here,


text:
Page:Complete Works of Count Tolstoy - 13.djvu/390

 in themselves, but no longer form an aim. But if we are saved by an effort of our will, as was said in the preceding article, it is obvious that first of all there must be that condition of will, that is, the act, and then only will there be faith and salvation. Both assertions are logical and consistent, but our hierarchy, arming itself with faith in itself, regards any logical consistency as superfluous; it enunciates both the contradictory propositions in the same breath. The concluding words of the article, which are to prove the necessity of good works, prove precisely the opposite.

“We cannot do good works except with the cooperation of divine grace, for which reason they are called the fruits of the Holy Ghost (Gal. v. 22). But since in the performance of good works we need the participation of our free will; since through this free participation in good works we express our faith, charity, and hope in God; since this participation frequently costs us great endeavours and troubles in our struggle with the enemies of our salvation, the world, the flesh, and the devil,—our Lord God has been pleased to take our good works into account, and, in proportion as we succeed in godliness with the aid of grace, he has been pleased to increase in us our spiritual gifts, in order that by its aid we may ascend from power to power, from glory to glory (2 Cor. iii. 18).” (p. 311.)

The whole part quoted is a repetition in different expressions of one and the same contradiction: we cannot do good works except through grace, but for that purpose we need the participation of our free will.

The moral application of this dogma is more ludicrous than ever. Indeed, it is very hard to find any moral application for the most immoral of dogmas, whose aim it is to justify and permit vices and give an income to the hierarchy, but still we find à propos: (1) to pray to God that he may give us grace; (2) to thank God; (3) again to


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Page:Complete Works of Count Tolstoy - 13.djvu/395

 will be applied to all the sacraments. The deception consists in the following: in the definition of the sacrament it was said that it is an external action which communicates actual grace, that is, a special spiritual power, given to him who receives the sacrament as established by Christ, and then it is pointed out that Christ has prescribed to the believers and to his disciples (but only in the case of baptism) a certain external action, and from this the conclusion is drawn that Christ has established the sacraments, that is, such actions as, when they are performed by the hierarchy, communicate to the believers a special spiritual power. The deception consists in this, that the assertion is made that Christ established the sacrament, that is, an external action which communicates internal grace, or, to speak more correctly, that Christ established the dogma of the sacrament, that is, the teaching that the immersion into water or the eating of bread and drinking of wine communicates some especial power to him who is immersed, or who eats bread and drinks wine. In order to prove the establishment of the Christian dogma of the sacraments, it is necessary to show that Christ ascribed to those external actions, to which the hierarchy points, calling them sacraments, those properties which the hierarchy ascribes to them, whereas there is not only no indication, but not even the slightest hint at such an understanding of the sacraments as practised by Christ. In asserting that Christ commanded men to bathe and sup in remembrance of him, the hierarchy has not the slightest foundation for the assertion that Christ established the sacraments of baptism and of the eucharist with all the meaning which the hierarchy ascribes to them, and about which there is, and there can be, no hint in Christ’s teaching. Thus Art. 202 proves the divine origin of baptism as a sacrament by pointing out that Christ said to his disciples: “All power is given unto me in heaven and in earth. Go ye therefore and teach all


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Page:Ante-Nicene Christian Library Vol 6.djvu/23

HE entire of The Refutation of all Heresies, with the exception of Book i., was found in a brought from a convent on Mount Athos so recently as the year 1842. The discoverer of this treasure—for treasure it certainly is—was Minöides Mynas, an erudite Greek, who had visited his native country in search of ancient, by direction of M. Abel Villemain, Minister of Public Instruction under Louis Philippe. The French Government have thus the credit of being instrumental in bringing to light this valuable work, while the University of Oxford share the distinction by being its earliest publishers. The Refutation was printed at the Clarendon Press in 1851, under the editorship of M. Emmanuel Miller, whose labours have proved serviceable to all subsequent commentators. One generally acknowledged mistake was committed by Miller in ascribing the work to Origen. He was right in affirming that the discovered was the continuation of the fragment The Philosophumena, inserted in the Benedictine copy of Origen's works. In the volume, however, containing the Philosophumena, we have dissertations by Huet, in which he questions Origen's authorship in favour of Epiphanius. Heuman attributed the Philosophumena to Didymus of Alexandria, Gale to Aetius; and it, with the rest


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Page:Urantia Foundation v. Maaherra (D. Ariz. 1995).pdf/25

 "That in the case of any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or … by an employer for whom such work is made for hire, the proprietor of such copyright shall be entitled to a renewal and extension of the copyright in such work for the further term of twenty-eight years."

17 U.S.C. § 24 (1976). The plaintiff claims its renewal copyright in The URANTIAUrantia [sic] Book is valid “because it is the proprietor, and the work is both a ‘work for hire’ and a ‘composite work’ within the meaning of the applicable copyright law.” (Pl.’s Br. at 3.) I do not find sufficient evidence to support either claim.

I accept the plaintiff’s contention that “an anonymous individual known simply as the ‘contact personality’ … had some involvement with the physical process by which the ‘Urantia Papers’ were written down[, but] … did not contribute any copyrightable expression to the papers … [and therefore] is not an author of any part of The URANTIAUrantia [sic] Book.” (Pl.’s Br. at 4 n. 2.) I interpret the Contact Personality’s role to be that of a mere scribe, unable to be the author of that which it mechanically transcribes. Furthermore, I agree with the plaintiff’s contention that under the 1909 Act the “works for hire” doctrine was broad enough to include both traditional employees and individuals commissioned for a particular project. "[W]hen one person engages another, whether as employee or as an independent contractor, to produce a work of an artistic nature, that in the absence of an express contractual reservation of the copyright in the artist, the presumption arises that the mutual intent of the parties is that the title to the copyright shall be in the person at whose instance and expense the work is done."

Lin-Brook Builders Hardware v. Gertler, 352 F.2d 298, 300 (9th Cir.1965) (citations omitted).

However, the “works for hire” doctrine is premised on the plaintiff’s ability to prove an employment relationship. Without credible evidence of an actual employment relationship, the “works for hire” doctrine has no application. Murray, 566 F.2d at 1310. Consequently, in the absence of such a relationship, a court will not deny an author its constitutional right to a copyright in its work. Therefore, the crucial question is whether there is sufficient evidence to support the conclusion that there was an employment relationship between Dr. Sadler’s patient and either Dr. Sadler or the Contact Commission. I find that there is not.

Courts have relied upon numerous factors to determine whether an alleged employment relationship exists. "The crucial element in this determination appears to be whether the work was created at the employer’s insistence and expense, or, in other words, whether the motivating factor in producing the work was the employer who induced its creation. Another factor is whether the employer had the right to direct and supervise the manner in which the work was being performed. Actual exercise of that right is not controlling, and copyright is vested in the employer who has no intention of overseeing the detailed activity of any employee hired for the very purpose of producing the material. In addition, the nature and amount of compensation or the absence of any payment for the work may be considered but are of minor importance."

Murray, 566 F.2d at 1310 (citations omitted). Each of the aforementioned factors, considered in light of the facts of the instant case,


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Page:George Pitt-Rivers - The World Significance of the Russian Revolution (1920).pdf/3

When you first handed me your MS. on The World Significance of the Russian Revolution, you expressed a doubt about the propriety of its title. After a perusal of your work, I can assure you, with the best of consciences, that your misgivings were entirely without foundation. No better title than The World Significance of the Russian Revolution could have been chosen, for no event in any age will finally have more significance for our world than this one. We are still too near to see clearly this Revolution, this portentous event, which was certainly one of the most intimate, and therefore least obvious, aims of the world-conflagration, hidden as it was at first by the fire and the smoke of national enthusiasms and patriotic antagonisms. It was certainly very plucky of you to try and throw some light upon an event which necessarily must still be enveloped in mist and mystery, and I was even somewhat anxious, lest your audacity in treating such a dangerous subject would end in failure, or what is nearly the same, in ephemeral success. No age is so voracious of its printed offspring as ours. There was thus some reason to fear lest you had offered to this modern Kronos only another mouthful of his accustomed nourishment for his immediate consumption.

I was, I am glad to report, agreeably surprised,—surprised, though not by the many new facts which you give, and which must surprise all those who take an interest in


text:
Page:Peterson's Magazine 1842, Volume I.pdf/187

THE

CARRIER

PIGEON.

THE WORDS BY THE AMERICAN BARD PERCIVAL. MUSIC BY MR. MORAN. WITH

AN ILLUSTRATION ,

Designed and drawn expressly for this Magazine, by W. H. CROOME, and engraved on steel by J. G. CHAPMAN.

Gaiment. 6 8

6 b-8

loco.

Sva

Come

hither thou beautiful

ro- ver, Thou wand'rer of earth and of air ;

Who


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Page:Ante-Nicene Christian Library Vol 6.djvu/24

18 of The Refutation, Fessler and Baur ascribed to Caius, but the Abbe Jellabert to Tertullian. The last hypothesis is untenable, if for no other reason, because the work is in Greek. In many respects, Caius, who was a presbyter of Rome in the time of Popes Victor and Zephyrinus, would seem the probable author; but a fatal argument—one applicable to those named above, except Epiphanius—against Caius is his not being, as the author of The Refutation in the Proœmium declares himself to be, a bishop. Epiphanius no doubt filled the episcopal office; but when we have a large work of his on the heresies, with a summary, it would seem scarcely probable that he composed likewise, on the same topic, an extended treatise like the present, with two abridgments. Whatever diversity of opinion, however, existed as to these claimants, most critics, though not all, now agree in denying the authorship of Origen. Neither the style nor tone of The Refutation is Origenian. Its compilatory process is foreign to Origen's plan of composition; while the subject-matter itself, for many reasons, would not be likely to have occupied the pen of the Alexandrine father. It is almost impossible but that Origen would have made some allusions in The Refutation to his other writings, or in them to it. Not only, however, is there no such allusion, but the derivation of the word "Ebionites," in The Refutation, and an expressed belief in the doctrine of eternal punishment, are at variance with Origen's authorship. Again, no work answering the description is awarded to Origen in catalogues of his extant or lost writings. These arguments are strengthened by the facts, that Origen was never a bishop, and that he did not reside for any length of time at Rome. He once paid a hurried visit to the capital of the West, whereas the author of The Refutation asserts his presence at Rome during the occurrence of events which occupied a period of some twenty years. And not only was he a spectator, but took part in these transactions in such an official and authoritative manner as Origen could never have assumed, either at Rome or elsewhere.


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.

bearest the sighs of a lov - er, And bringest him news of his fair :

pin - ion,

min

And show me

ion, And turn

the gloss of thy

neck :

Bend hither thy light waving

O perch on my hand dearest

up thy bright eye and peck.

8va.

loco.


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ii current events—facts, I believe, which you have carefully and personally collected and selected, not only from books, but from the lips and letters of Russian eye-witnesses and sufferers, from foes as well as from friends of the great Revolution. What I appreciate more than this new light thrown on a dark subject, more than the conclusion drawn by you from this wealth of facts, is the psychological insight which you display in detecting the reasons why a movement so extraordinarily bestial and so violently crazy as the Revolution was able to succeed and finally to overcome its adversaries. For we are confronted with two questions which need answering and which, in my opinion, you have answered in your pamphlet. These questions are: (1) How has the Soviet Government, admittedly the Government of an insignificant minority, succeeded not only in maintaining but in strengthening its position in Russia after two and a half years of power? And (2) Why has the Soviet Government, in spite of its outward bestiality and brutal tyranny succeeded in gaining the sympathies of an increasing number of people in this country? You give the answer: Bolshevism was opposed by Democracy only, and a Democracy which was too cowardly to draw the last consequences of its own creed, which, of course, is ultimately nothing else but Bolshevism. The Bolshevist simply did what his father, Mr. Democrat, said he would do if he could but never dared to do—hence the latter's vacillation and hypocrisy and failure, hence the former’s energy, sincerity and success. "No movement" you rightly say on p. 14 about the "White Opposition"—"representing a heterogeneous jumble of contradictory elements can ever defeat another movement, which at any rate knows its own mind and allows of no compromise."

What, then, is this wonderful "own mind" of the Bolshevists? You rightly recognize that there is an ideology behind it and you clearly diagnose it as an ancient ideology. There is nothing new under the Sun, it is even nothing new that this Sun rises in the East.


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160 Second Verse.

Here is bread of the whitest and sweetest, And there is a sip of red

wing is the lightest and fleet

wine ; Though thy

I have

est, 'Twill be fleeter when nerv'd by the vine.

16 written on rose scented paper, with thy wing quill, a soft billet

doux, I have melted the wax in love's

Third Verse.

ta - per, 'Tis the color of true heart's sky blue.

I have fast'ned it under thy

pin - ion, With a

18 blue ribbon round thy soft neck ; So go from me beautiful min - ion While the pure ether shows not a

speck.

Like a cloud in the dim distance fleeting, Like an dim:

way ;

ar - row he hurries a --

Tempo.

And farther and farther re- treat - ing, He is lost in the clear blue of day.


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Page:Urantia Foundation v. Maaherra (D. Ariz. 1995).pdf/26

 suggests the absence of an employment relationship.

Originally, it was the patient who sought Dr. Sadler, and not as an employer but as a therapist. The first “Urantia Papers” were not created at the insistence of Dr. Sadler, nor was the thought of their creation conceived by Dr. Sadler or the Contact Commission. Furthermore, there is no evidence that indicates the patient ever intended to deviate from the established doctor-patient relationship.

More important, there is no evidence that either Dr. Sadler or the Contact Commission had any power to induce, direct, supervise, oversee, or control the actual production of a single “Urantia Paper.” It appears as though Dr. Sadler and the Contact Commission were simply reacting to the independent activity of the patient. The plaintiff admits that it was the Contact Commission that was given instructions, responsibilities, and authority by the “personalities” emanating from the patient. (Pl.’s Admis. at 12.) Typically, however, it is the employer who gives instructions and delegates responsibilities, not the employee. The plaintiff essentially concedes that the Contact Commission lacked any power to control the production of the “Urantia Papers” when it states that although the Contact Commission would submit questions, it was the “personalities” that determined which questions would be considered and what would be included in the text. Id. at 13. The plaintiff states that “without the questions, there would be no papers.” (Pl.’s Br. at 7.) The facts show, however, that the papers came before the questions, and that the questions were in response to the papers. Showing that the author chose to expand a particular paper in the wake of questions falls far short of meeting the plaintiff’s burden of showing that the author was required to do so as a subservient employee. Absent some credible evidence of an employment relationship, the existence of evidence that may be as consistent with such a relationship as it is with various other hypotheses cannot be bootstrapped to remedy the basic deficiency, which is the absence of any proof that the patient was in fact hired by Dr. Sadler or the Contact Commission to write the “Urantia Papers.” See Epoch, 522 F.2d at 744–45.

Each of the cases relied upon by the plaintiff is good law on the topic of the “works for hire” doctrine as construed under the 1909 Act, but each is distinguishable from the instant case. For example, the plaintiff directs the court’s attention to Dielman v. White, 102 F. 892 (C.C.D.Mass.1900). In that case, however, there were numerous items of correspondence that proved that the plaintiff was offered a commission to design a particular work, accepted it, and then entered into a formal work order. Similarly, there were express employment contracts in many of the other cases cited by the plaintiff. E.g., Yardley v. Houghton Mifflin Co., 108 F.2d 28, 29 (2d Cir.1939) (finding artist executed his painting pursuant to a written contract), ''cert. denied'', 309 U.S. 686, 60 S.Ct. 891, 84 L.Ed. 1029 (1940); Siegel v. National Periodical Pub., Inc., 508 F.2d 909, 911 (2d Cir.1974) (finding plaintiff entered into initial and supplemental employment agreements); Shapiro, Bernstein & Co. v. Bryan, 123 F.2d 697, 698 (2d Cir.1941) (finding plaintiff employed each artist under a written employment contract).

Moreover, even in the cases where there was not an express employment contract, there was an abundance of evidence to support the conclusion that an employer-employee relationship existed. E.g., Lin-Brook Builders Hardware, 352 F.2d at 300 n. 3 (finding artist admitted being employed by plaintiff and disavowed any interest in work performed); Picture Music, 457 F.2d at 1217 (finding artist was sought out, given a preexisting work, instructed to modify it, and paid for her efforts); Murray, 566 F.2d at 1310 (finding plaintiff basically admitted being employee in a letter written to defendant).

In the instant case, even affording the plaintiff the benefit of every doubt, I fail to discern the existence of an employment


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Rh The Sun has a habit of rising there, his rays, thousands of years ago, used to select for a first visit the deserts and mountains of Palestine, where lonely Prophets caught this radiance and whence eager apostles brought it to pagan and less "enlightened" countries. It was by them that the light was carried to Europe, where, it is true, it was received at first somewhat unwillingly and distrustfully. After a couple of centuries this resistance was overcome, and moreover, what yonder was called the Reign of God and the Millennium of Brotherhood, became with us in Europe the "Reign of Liberty," the "Reign of Reason," the "Reign of Equality," and finally the "Reign of the Proletariat." We all remember from History these passionate followers of St. Peter and St. Paul—though more of the latter than the former—who, in Apostolic succession saw the coming "Dawn," and peace the Holy Faith. There is a direct line from Savonarola to Luther, and from Luther to Robespierre, and from Robespierre to Lenin Lenin, the Lenin of to-day, may have been partially converted by that experience of men and affairs which has converted many an enthusiast and, alas! has frequently made a cynic or a rogue of him: one certain thing that may be gathered from his writings is this, that he was before the Revolution a dreamer and a visionary, and one quite worthy of his spiritual ancestors, of whom I have only named some, while omitting many other important names. It is quite certain that he started his revolutionary career as a true and convinced Apostle of "Light and Faith," which he preached as the orthodox disciple of his spiritual father, who inspired the "Newest" testament "Das Capital!" In M. Landau Aldanov's book, Lénine, there is to be found an account of a young student who visited the Smolny Institute in order to witness the first public appearance of Lenin after the Bolshevist coup d'état. Neither Trotsky nor the others made much impression upon the young man, but Lenin


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iv received with rapturous applause completely turned his head. "One could not say that it was a political harangue. It was the cry from the soul of a man who had waited thirty years for that moment." "I thought," the witness adds, "that I was listening to the voice of Girolamo Savonarola!!" … Poor Savonarola—he, a man no doubt of finer grain than his Russian progeny, was heard complaining one day, that he had to fight for his Heaven with the weapons of Hell.

"To Hell with such a Heaven!" That is the answer that you, would give to the outpourings of these enthusiasts and fanatics. You could give that answer honestly, indignantly, even passionately, For you have lost faith in Democracy and yours has become another aim, another valuation, another vision for the future of Mankind. One day, it is quite certain, this vision of yours will overcome its inspired opponent, whose representative now sits, though none too safely, upon his bloodstained throne. "A definite, positive movement," to quote your own words, "alone can defeat another definite movement!" But how could the undefined and undefinable Democrats, the Democrats of Statistics and Economics, the frequenters of Lecture Rooms and Debating Societies, the professors of "progress and evolution," ever even dare to oppose a movement that realised so gloriously what they themselves had always professed to believe, to hope, and to cherish! How could they ever venture to attack with their paper-dart arguments the heavy armour plate of pure conscience and inspired belief? How could this democratic powder ever allow itself to collide with the Bolshevist fire? For Bolshevism is a religion and a faith. How could these half-converted believers ever dream to vanquish the "Truthful" and the “"Faithful" of their own creed, these holy crusaders, who had gathered round the Red Standard of the Prophet Karl Marx, and who fought under the daring guidance of these experienced officers of all latter-day revolutions—the Jews?

I am touching here on a subject which, to judge from


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Rh In this state of the controversy, commentators turned their attention towards Hippolytus, in favour of whose authorship the majority of modern schohirs have decided. The arguments that have led to this conclusion, and those alleged by others against it, could not be adequately discussed in a notice like the present. Suffice it to say, that such names as Jacobi, Gieseler, Duncker, Schneidewin, Bernays, Bunsen, Wordsworth, and Döllinger, support the claims of Hippolytus. The testimony of Dr. Döllinger, considering the extent of his theological learning, and in particular his intimate acquaintance with the apostolic period in church history, virtually, we submit, decides the question. Those who are desirous of examining it for themselves may consult Gieseler's paper on Hippolytus, etc., in the Theologische Studien und Kritiken, 1853; Hergenröther, Theologische Quartalschrift, Tübingen 1852; Bunsen's Hippolytus and his Age; Wordsworth's St. Hippolytus; Dr. Döllinger's Hippolytus und Kallistus: oder die Römische Kirche in der ersten Hälfte des dritten Jahrhunderts, 1853; and Cruice's Etudes sur de Nouveaux Documents Historiques empruntes au livre des, 1853. See also articles in the Quarterly Review, 1851; Ecclesiastic and Theologian, 1852, 1853; the Westminster Review, 1853; the Dublin Review, 1853, 1854; Le Correspondent, t. xxxi.; and the Revue des Deux Mondes, 1865.

For a biography of Hippolytus we have not much authentic materials. There can be no reasonable doubt but that he was a bishop, and passed the greater portion of his life in Rome and its vicinity. This assertion corresponds with the conclusion adopted by Dr. Döllinger, who, however, refuses to allow that Hippolytus was, as is generally maintained, Bishop of Portus, a harbour of Rome at the northern mouth of the Tiber, opposite Ostia. However, it is satisfactory to establish, and especially upon such eminent authority as that of Dr. Döllinger, the fact of Hippolytus' connection with the Western Church, not only because it bears on the investigation of the authorship of The Refutation, the writer of which affirms his personal observation of what he records as occurring in his own time at Rome, but also because it overthrows the hypothesis


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20 of those who contend that there were more Hippolytuses than one—Dr. Döllinger shows that there is only one historical Hippolytus—or that the East, and not Italy, was the sphere of his episcopal labours. Thus Le Moyne, in the seventeenth century, a French writer resident in Leyden, ingeniously argues that Hippolytus was bishop of Portus Romanorum (Aden), in Arabia. Le Moyne's theory was adopted by some celebrities, viz. Dupin, Tillemont, Spanheim, Basnage, and our own Dr. Cave. To this position are opposed, among others, the names of Nicephorus, Syncellus, Baronius, Bellarmine, Dodwell, Beveridge, Bull, and Archbishop Ussher. The judgment and critical accuracy of Ussher is, on a point of this kind, of the highest value. Wherefore the question of Hippolytus being bishop of Portus near Rome would also appear established, for the reasons laid down in Bunsen's Letters to Archdeacon Hare, and Canon Wordsworth's St. Hippolytus. The mind of inquirers appears to have been primarily unsettled in consequence of Eusebius' mentioning Hippolytus (Ecclesiast. Hist. vi. 10) in company with Beryllus (of Bostra), an Arabian, expressing at the same time his uncertainty as to where Hippolytus was bishop. This indecision is easily explained, and cannot invalidate the tradition and historical testimony which assign the bishopric of Portus near Rome to Hippolytus, a saint and martyr of the church. Of his martyrdom, though the fact itself is certain, the details, furnished in Prudentius' hymn, are unreliable. Thus the mode of Hippolytus' death is stated by Prudentius to have been identical with that of Hippolytus the son of Theseus, who was torn limb from limb by being tied to wild horses. St. Hippolytus, however, is known on historical testimony to have been thrown into a canal and drowned; but whether the scene of his martyrdom was Sardinia, to which he was undoubtedly banished along with the Roman bishop Pontianus, or Rome, or Portus, has not as yet been definitively proved. The time of his martyrdom, however, is probably a year or two, perhaps less or more, after the commencement of the reign of Maximin the Thracian, that is, somewhere about


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 . To find that the plaintiff is the author of The URANTIAUrantia [sic] Book pursuant to the “works for hire” doctrine on the basis of the evidence relied upon by the Urantia Foundation “would be to substitute mere speculation for reason and experience.” Epoch, 522 F.2d at 744.

The plaintiff earnestly argues that The URANTIAUrantia [sic] Book is a composite work. This is the plaintiff’s attempt to validate its copyright renewal, not by claiming that it is the author of the book based upon the “works for hire” doctrine but by claiming it is the proprietor of a composite work who originally secured the copyright in the work. As previously mentioned, Section 24 of the 1909 Act entitles such a proprietor “to a renewal and extension of the copyright in such work.” 17 U.S.C. § 24 (1976).

I agree that The URANTIAUrantia [sic] Book may be considered a composite work, if the term is simply defined as a work “to which a number of authors have contributed distinguishable parts, which they have not however ‘separately registered.’ ” Shapiro, 123 F.2d at 699. The book, itself, suggests that it was written by “a number of authors.” The “Urantia Papers” are obviously “distinguishable parts” and the Copyright Office verifies that no other author of the book has “separately registered.” Such concessions, however, do not benefit the plaintiff. "The legislative history shows that the determinative factors in a ‘composite work’ were:

1) A number of authors contributing copyrightable matter to a single work; and

2) An employment or contractual arrangement entitling the proprietor to secure copyright in the various contributions."

Cadence Industries Corp. v. Ringer, 450 F.Supp. 59, 64 (S.D.N.Y.1978) (quoting Ringer, Renewal of Copyright (1960)).

As already discussed in depth, the evidence is insufficient to substantiate the claim that the plaintiff became the author of The URANTIAUrantia [sic] Book through an employment arrangement. The plaintiff is therefore relegated to arguing that it is the proprietor. However, “ ‘[p]roprietor’ is the equivalent of ‘assign’; a ‘proprietor’ must trace title from the author.” Quinn-Brown Publishing Corp. v. Chilton Co., 15 F.Supp. 213, 214 (S.D.N.Y.1936) (citing Mifflin v. R.H. White Co., 190 U.S. 260, 23 S.Ct. 769, 47 L.Ed. 1049 (1903); Public Ledger v. New York Times, 275 F. 562 (S.D.N.Y.1921), aff’d, 279 F. 747 (2d Cir.), cert. denied, 258 U.S. 627, 42 S.Ct. 383, 66 L.Ed. 798 (1922)). “And, in pleading a case of infringement, the plaintiff must show title, not merely by broad allegation of proprietorship, but by setting forth facts which indicate how he became proprietor.” Quinn-Brown, 15 F.Supp. at 214 (citations omitted). The plaintiff channels its efforts toward proving that the structure of The URANTIAUrantia [sic] Book satisfies the definition of a composite work, but is unable to offer evidence that the individual “Urantia Papers” were transferred pursuant to a contractual arrangement, entitling the plaintiff to become their proprietor. Ultimately, I find insufficient evidence to suggest that the plaintiff acquired the “Urantia Papers” in any way other than serendipitously.

IT IS THEREFORE ORDERED that the defendant’s motion for partial summary judgment, filing 199, is granted as to (1) Count I of plaintiff’s complaint for copyright infringement; and (2) Count I of defendant’s counterclaim declaring the copyright renewal in The URANTIAUrantia [sic] Book to be invalid.


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Rh your own pamphlet, is perhaps more interesting to you than any other. In this you are right. There is no race in the world more enigmatic, more fatal, and therefore more interesting than the Jews. Every writer who, like yourself, is oppressed by the aspect of the present and embarrassed by his anxiety for the future must try to elucidate the Jewish question and its bearing upon our Age. For the question of the Jews and their influence on the world past and present, cuts to the root of all things, and should be discussed by every honest thinker, however bristling with difficulties it is, however complex the subject as well as the individuals of this Race may be. For the Jews, as you are aware, are a sensitive Community, and thus very suspicious of any Gentile who tries to approach them with a critical mind. They are always inclined—and that on account of their terrible experiences—to denounce anyone who is not with them as against them, as tainted with "mediæval" prejudice, as an intolerant Antagonist of their Faith and of their Race.

Nor could or would I deny that there is some evidence, some prima facte evidence of this antagonistic attitude in your pamphlet. You point out, and with fine indignation, the great danger that springs from the prevalence of Jews in finance and industry, and from the preponderance of Jews in rebellion and revolution. You reveal, and with great fervour, the connection between the Collectivism of the immensely rich international Finance—the Democracy of cash values, as you call it—and the international Collectivism of Karl Marx and Trotsky—the Democracy of and by decoy-cries. … And all this evil and misery, the economic as well as the political, you trace back to one source, to one "fons et origo malorum"—the Jews.

Now other Jews may vilify and crucify you for these outspoken views of yours; I myself shall abstain from joining the chorus of condemnation! I shall try to understand your opinions and your feelings, and having once understood them—as I think I have—I can defend you from the unjust attacks of my often too impetuous Race.


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Rh 235–39. This enables us to determine the age of Hippolytus; and as some statements in The Refutation evince the work to be the composition of an old man, and as the work itself was written after the death of Callistus in 222, this would transfer the period of his birth to not very long after the last half of the second century.

The contents of The Refutation, as they originally stood, seem to have been arranged thus: The first Book (which we have) contained an account of the different schools of ancient philosophers; the second (which is missing), the doctrines and mysteries of the Egyptians; the third (likewise missing), the Chaldæan science and astrology; and the fourth (the beginning of which is missing), the system of the Chaldæan horoscope, and the magical rites and Incantations of the Babylonian Theurgists. Next came the portion of the work relating more immediately to the heresies of the church, which is contained in Books v.–ix. The tenth Book is the résumé of the entire, together with the exposition of the author's own religious opinions. The heresies enumerated by Hippolytus comprehend a period starting from an age prior to the composition of St. John's Gospel, and terminating with the death of Callistus. The heresies are explained according to chronological development, and may be ranged under five leading schools: (1) The Ophites; (2) Simonlsts; (3) Basilidians; (4) Docetæ; (5) Noetians. Hippolytus ascends to the origin of heresy, not only in assigning heterodoxy a derivative nature from heathenism, but in pointing out in the Gnosis elements of abnormal opinions antecedent to the promulgation of Christianity. We have thus a most interesting account of the early heresies, which in some respects supplies many desiderata in the ecclesiastical history of this epoch.

We can scarcely over-estimate the value of The Refutation, on account of the propinquity of its author to the apostolic age. Hippolytus was a disciple of St. Irenæus, St. Irenæus of St. Polycarp, St. Polycarp of St. John. Indeed, one fact of grave importance connected with the writings of St. John, is elicited from Hippolytus' Refutation. The passage given out of Basilides' work, containing


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vi But first of all, I have to say this: There is scarcely an event in modern Europe that cannot be traced back to the Jews. Take the Great War that appears to have come to an end, ask yourself what were its causes and its reasons; you will find them in nationalism. You will at once answer that nationalism has nothing to do with the Jews, who, as you have just proved to us, are the inventors of the international idea. But no less than Bolshevist Ecstasy and Financial Tyranny can National Bigotry (if I may call it so) be finally followed back to a Jewish source—are not they the inventors of the Chosen People Myth, and is not this obsession part and parcel of the political credo of every modern nation, however small and insignificant it may be? And then think of the history of nationalism. It started in our time as a reaction against Napoleon; Napoleon was the antagonist of the French Revolution; the French Revolution was the consequence of the German Reformation; the German Reformation was based upon a crude Christianity; this kind of Christianity was invented, preached and propagated by the Jews: therefore the Jews have made this war! … Please do not think this a joke: it only seems a joke, and behind it there lurks a gigantic truth, and it is this, that all latter-day ideas and movements have originally from a Jewish source, for the simple reason, that the Semitic idea finally conquered and entirely subdued this only apparently irreligious universe of ours.

It has conquered it through Christianity, which of course, as Disraeli pointed out long ago, is nothing but "Judaism for the people." The Ideal of Democracy contained in this appeal of the Jews to the people was their successful battle cry, their most wonderful propaganda work, their "Dieu le veult," that finally forced the world to follow them. With it they have inspired—or, if you will, infected—Lollards and Hussites, Protestants and Puritans, Socialists and Bolshevists alike. Now Democracy, as we all know, declares—or pretends to proclaim—everybody free and equal: it was therefore bound to


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22 a quotation by the heretic from St. John i. 9, settles the period of the composition of the fourth Gospel, as of greater antiquity by at least thirty years than is allowed to it by the Tübingen school. It is therefore obvious that Basilides formed his system out of the prologue of St. John's Gospel; thus for ever setting at rest the allegation of these critics, that St. John's Gospel was written at a later date, and assigned an apostolic author, in order to silence the Basilidian Gnostics. In the case of Irenæus, too, The Refutation has restored the Greek text of much of his book Against Heresies, hitherto only known to us in a Latin version. Nor is the value of Hippolytus' work seriously impaired, even on the supposition of the authorship not being proved,—a concession, however, in no wise justified by the evidence. Whoever the writer of The Refutation be, he belonged to the early portion of the third century, formed his compilations from primitive sources, made conscientious preparation for his undertaking, delivered statements confirmed by early writers of note, and lastly, in the execution of his task, furnished indubitable marks of information and research,


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Rh destroy the bond, feudal or patriarchal, between lord and serf, master and servant, and it replaced it, had to replace it, by another bond (a bond it had to invent for the occasion) that of wages and salaries. Democracy, as we all know, abolished slavery—that natural slavery in which the master took an interest in his slaves, because they were part and parcel of his most valuable ropes) but it reintroduced it in the form of Wage Tyranny, by means of which the "freed" serf could be freely exploited and even squashed out like a lemon without any harm being done to the Master's interests. Thus ended this glorious liberty principle of the Reformation and the Revolution: the finest theory that has ever been invented for the most miserable of all practices, that have ever defiled this world. No doubt the Jews are responsible for this, as they are responsible for everything, use they are the spiritual fathers of Democracy and therefore of plutocracy. But now let me ask you this one question: "Have they perchance introduced these theories into this country? Were Cromwell and his Ironsides Jews? Was the Puritan Revolution inspired by an English Trotsky? Was Charles I. beheaded at the bidding of a Jewish commissary of the people? … Why, there were no Jews in this country before Cromwell. The Roundheads of the Great Rebellion, it is true, chanted and rechanted the Hebrew psalms, but their poetry alone and not the poets themselves had up to this time been admitted to England. The Christians did the wonderful thing all by themselves, just to prove to the world, what good Jews they could be if "the Spirit moved them!" And when Jews were once admitted, they and the Christians alike became the victims as well as the exploiters of this Puritanism, this democracy, this idealism, this plutocracy. The Scotch and American financier succeeded as well as his brother of the original Puritan faith. The Christian usurer took his pound of flesh with the same gusto as did his colleague of the Jewish persuasion. And as to the factory system, that destroyed and destroys the soul and


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Rh and of having thoroughly mastered the relations and affinities, each to other, of the various heresies of the first two and a quarter centuries. These heresies, whether deducible from attempts to christianize the philosophy of Paganism, or to interpret the Doctrines and Life of our Lord by the tenets of Gnosticism and oriental speculation generally, or to create a compromise with the pretensions of Judaism,—these heresies, amid all their complexity and diversity, St. Hippolytus reduces to one common ground of censure—antagonism to Holy Scripture. Heresy, thus branded, he leaves to wither under the condemnatory sentence of the Church.


text: Ante-Nicene Christian Library/Introductory Notice to Hippolytus


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 is of no consequence to it. Though there are added certain reflections about how the repentant sinner is to approach the sacrament, they are given only en passant and are no important condition under which the imaginary purification takes place. The whole matter is in the imaginary purification over which the hierarchy has the power. The proof is given, as in the case of all the other sacraments, that it was established by Christ, but, as in all sacraments, there is not the slightest proof that Christ uttered the words which he spoke, no matter how we may understand them, having the sacraments in view.

222. The divine establishment and the efficacy of the sacrament of repentance. To prove this imaginary power, there are adduced the words of Matthew (xviii. 17, 18), which are explained in this sense, that the pastors have always enjoyed the divinely given right to bind and loose. The hierarchy understands these words to mean that it has the right to remit sins, and everything is based on that conversation: And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican. Verily I say unto you, Whatsoever ye shall bind on earth, shall be bound in heaven: and whatsoever ye shall loose on earth, shall be loosed in heaven (Matt. xviii. 17, 18).

Here is the whole passage: “If thy brother shall trespass against thee (these words the hierarchy omits in order to introduce its own interpretation), go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained a brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican. Verily I say unto you, Whatsoever ye shall bind on


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46 Dealing with property after seizure to be void

42. (1) Where any property has been seized under this Act, and so long as such seizure remains in force, any dealing effected by any person or between any persons in respect of such property, except any dealing effected under this Act or by virtue of this Act by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Government of Malaysia, or the Government of a State, or a local authority or other statutory authority, shall be void, and shall not be registered or otherwise given effect to by any person or authority.

(2)	Subsection (1) shall be in addition to and not in derogation of subsections 38(3) and (4).

(3) For so long as a seizure of any property under this Act remains in force, no action, suit or other proceeding of a civil nature shall be instituted, or if it is pending immediately before such seizure, be maintained or continued in any court or before any other authority in respect of the property which has been so seized, and no attachment, execution or other similar process shall be commenced, or if any such process is pending immediately before such seizure, be maintained or continued, in respect of such property on account of any claim, judgement or decree, regardless whether such claim was made, or such judgment or decree was given, before or after such seizure was effected, except at the instance of the Government of Malaysia or the Government of a State, or at the instance of a local authority or other statutory authority, or except with the prior consent in writing of the Public Prosecutor.

Power to intercept communications

43. (1) Notwithstanding the provisions of any other written law, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor, if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act, may, on the application of an officer of the Commission of the rank of Superintendent or above, authorize any officer of the Commission—
 * (a) to intercept, detain and open any postal article in the course of transmission by post;


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Rh :(b) to intercept any message transmitted or received by any telecommunication; or
 * (c) to intercept, listen to and record any conversation by any telecommunication, and listen to the recording of the intercepted conversation.

(2) When any person is charged with an offence under this Act, any information obtained by an officer of the Commission in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.

(3) An authorization by the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor under subsection (1) may be given either orally or in writing; but if an oral authorization is given, the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor shall, as soon as practicable, reduce the authorization into writing.

(4) A certificate by the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor stating that the action taken by an officer of the Commission in pursuance of subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized, and such certificate shall be admissible in evidence without proof of signature thereof.

(5) No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of anything done under paragraph (1)(a), (b) or (c).

(6) For the purpose of this section, “postal article” has the same meaning as in the Postal Services Act 1991 [Act 465].

Surrender of travel documents

44. (1) Notwithstanding any written law to the contrary, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor


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48 may, where he has grounds to believe that any person who is the subject of an investigation in respect of an offence under this Act suspected to have been committed by him is likely to leave Malaysia, by written notice require such person to surrender his certificate of identity, passport or exit permit, or any other travel document in his possession.

(2) A notice under subsection (1) shall be served personally on the person to whom it is addressed.

(3) A person on whom a notice under subsection (1) is served shall comply with such notice forthwith, failing which he may be arrested and taken before a Magistrate.

(4) Where a person is taken before a Magistrate under subsection (3), the Magistrate shall, unless such person complies with the notice under subsection (1) or satisfies the Magistrate that he does not possess a travel document, by warrant commit him to prison—
 * (a) until the expiry of the period of fourteen days from the date of his committal; or
 * (b) until he complies with the notice under subsection (1),

whichever occurs earlier.

(5) For the purpose of subsection (4), a certificate signed by the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor to the effect that the person has complied with the notice under subsection (1) shall be sufficient warrant for the Superintendent of Prison to discharge such person.

(6) No legal proceedings shall be instituted or maintained against the Government, an officer of the Commission, a public officer or any other person, in respect of anything lawfully done under this section.

Power to amend or revoke any order or notice under this Act

45. (1) The Public Prosecutor or an officer of the Commission as authorized by the Public Prosecutor may at any time amend or revoke any order or notice which has been made or given by